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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Perth International Centre for Application of
Solar Energy Repeal Bill 2005
CONTENTS
1. Short title 1
2. The Act repealed 2
3. Transitional and savings provisions 2
4. Constitution Acts Amendment Act 1899 amended 2
5. Financial Administration and Audit Act 1985
amended 2
6. Freedom of Information Act 1992 amended 3
7. State Superannuation Regulations 2001 amended 3
Schedule 1 -- Transitional and savings
provisions 4
1. Terms used in this Schedule 4
2. Interpretation Act to apply 5
3. The Board 5
4. Managing Director 5
5. The International Advisory Council 5
6. Devolution of Centre's assets, liabilities etc. 5
7. Agreements and instruments generally 5
8. Funds 6
9. Financial reporting 6
10. Immunity continues 7
11. Registration of documents 7
12. Saving 7
029--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Perth International Centre for Application of
Solar Energy Repeal Bill 2005
A Bill for
An Act to --
• repeal the Perth International Centre for Application of Solar
Energy Act 1994;
• amend certain other Acts as a consequence,
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Perth International Centre for Application of Solar
Energy Repeal Act 2005.
page 1
Perth International Centre for Application of Solar Energy Repeal Bill 2005
s. 2
2. The Act repealed
The Perth International Centre for Application of Solar Energy
Act 1994 is repealed.
3. Transitional and savings provisions
5 Schedule 1 sets out transitional and savings provisions.
4. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprint 13 as at 18 March 2005.
10 For subsequent amendments see Act No. 59 of 2004.]
(2) Schedule V Part 3 is amended by deleting "The board of
directors of the Perth International Centre for Application of
Solar Energy established under the Perth International Centre
for Application of Solar Energy Act 1994.".
15 5. Financial Administration and Audit Act 1985 amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprint 8 as at 9 July 2004.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2004, Table 1, p. 165 and
Gazette 4 Feb 2005 p. 623-4.]
(2) Schedule 1 is amended by deleting "Perth International Centre
for Application of Solar Energy".
page 2
Perth International Centre for Application of Solar Energy Repeal Bill 2005
s. 6
6. Freedom of Information Act 1992 amended
(1) The amendment in this section is to the Freedom of Information
Act 1992*.
[* Reprint 4 as at 10 September 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 179.]
(2) Schedule 2 is amended by deleting "The Perth International
Centre for Application of Solar Energy.".
7. State Superannuation Regulations 2001 amended
10 (1) The amendment in this section is to State Superannuation
Regulations 2001*.
[* Reprint 1 as at 7 November 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 4, p. 386.]
15 (2) Schedule 1 Division 2 item 37 is deleted.
page 3
Perth International Centre for Application of Solar Energy Repeal Bill 2005
Schedule 1 Transitional and savings provisions
cl. 1
Schedule 1 -- Transitional and savings provisions
[s. 3]
1. Terms used in this Schedule
In this Schedule, unless the contrary intention appears --
5 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and includes without
limitation --
(a) choses in action;
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to property,
whether arising from, accruing under, created or evidenced by or
the subject of, an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"Board" means the Board of Directors of the Perth International
15 Centre for Application of Solar Energy as constituted under the
Act immediately before the commencement day;
"Centre" means the Perth International Centre for Application of
Solar Energy;
"commencement day" means the day on which this Act comes into
20 operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
person;
25 "Minister" means the Minister responsible for the administration of
the Energy Coordination Act 1994;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the Act" means the Perth International Centre for Application of
30 Solar Energy Act 1994 as in force immediately before the
commencement day.
page 4
Perth International Centre for Application of Solar Energy Repeal Bill 2005
Transitional and savings provisions Schedule 1
cl. 2
2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
3. The Board
5 At the beginning of the commencement day the Board is abolished
and its members go out of office.
4. Managing Director
On the commencement day the person holding the office of Managing
Director under the Act section 8(1)(a) ceases to hold that office.
10 5. The International Advisory Council
At the beginning of the commencement day the International
Advisory Council established under the Act Part 2 Division 3 is
abolished and its members go out of office.
6. Devolution of Centre's assets, liabilities etc.
15 On and after the commencement day --
(a) the assets and rights of the Centre that were immediately
before that day vested in that body vest in the State by force
of this clause;
(b) the liabilities of the Centre immediately before that day
20 become, by force of this clause, the liabilities of the State;
(c) any proceedings or remedy that immediately before that day
might have been brought or continued by or available against
or to the Centre, may be brought or continued and are
available, by or against or to the State; and
25 (d) all records and data of the Centre pass to the Minister.
7. Agreements and instruments generally
Any agreement or instrument subsisting immediately before the
commencement day --
(a) to which the Centre is a party; or
30 (b) which contains a reference to the Centre,
page 5
Perth International Centre for Application of Solar Energy Repeal Bill 2005
Schedule 1 Transitional and savings provisions
cl. 8
has effect on and after the commencement day as if --
(c) the State were substituted for the Centre as a party to the
agreement or instrument; and
(d) any reference in the agreement or instrument to the Centre
5 were (unless the context otherwise requires) amended to be or
include a reference to the State.
8. Funds
On the commencement day the account referred to in the Act
section 24(2) is to be closed by the Treasurer and the moneys in the
10 account credited to the Consolidated Fund.
9. Financial reporting
(1) In this clause --
"FAA Act" means the Financial Administration and Audit Act 1985;
"reporting officer" means the person appointed under the FAA Act
15 section 65A(2) as applied by subclause (2);
"the final period" means the period that --
(a) starts immediately after the end of the last financial year
of the Centre to have ended before the commencement
day; and
20 (b) ends immediately before the commencement day.
(2) The FAA Act section 65A applies in relation to the preparation and
submission of a final report in respect of the Centre, as if --
(a) references in that section to a department were references to
the Centre; and
25 (b) references in that section to provisions of the FAA Act
sections 62 to 65 were references to the equivalent provisions
of the FAA Act sections 66 to 70,
except that the period to which the final report is to relate is the final
period and the references in sections 66(1), 68, and 70(1) to the end of
30 the financial year are to be read as references to the end of the final
period.
page 6
Perth International Centre for Application of Solar Energy Repeal Bill 2005
Transitional and savings provisions Schedule 1
cl. 10
(3) If, immediately before the commencement day, any duty imposed by
the FAA Act Part II Division 14 on the accountable authority of the
Centre remains unfulfilled in relation to the Centre for any financial
year that expired before the commencement day, that duty subsists
5 and is to be performed by the reporting officer as if the reporting
officer were the accountable authority.
(4) The time within which the reporting officer is to perform a duty
referred to in subclause (3) is extended until the end of the day that is
2 months after the day on which the reporting officer is appointed, but
10 this subclause does not prevent the time from being extended again
under the FAA Act section 70.
10. Immunity continues
Despite the repeal of the Perth International Centre for Application of
Solar Energy Act 1994, where the Centre had the benefit of any
15 immunity in respect of an act, matter or thing done or omitted before
the commencement day, that immunity continues in that respect for
the benefit of the State.
11. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
20 Schedule and is empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to this
Schedule.
12. Saving
The operation of any provision of this Schedule is not to be
25 regarded --
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
30 rights or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
page 7
Perth International Centre for Application of Solar Energy Repeal Bill 2005
Schedule 1 Transitional and savings provisions
cl. 12
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
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