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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Bell Group Companies (Finalisation of Matters
and Distribution of Proceeds) Amendment
Bill 2016
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Part 3 Division 1A inserted 3
Division 1A -- WA Bell Companies continuing
existence
21A. WA Bell Companies continuing existence 3
6. Section 25 amended 4
7. Section 30 amended 4
8. Section 50 amended 4
9. Section 51 amended 5
10. Section 52 amended 5
11. Section 53 amended 5
12. Section 53A inserted 6
53A. Validity of certain provisions 6
13. Section 83 amended 6
14. Section 85 inserted 7
85. The Bell Group Companies (Finalisation of
Matters and Distribution of Proceeds)
Amendment Act 2016 7
187--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Bell Group Companies (Finalisation of Matters
and Distribution of Proceeds) Amendment
Bill 2016
A Bill for
An Act to amend the Bell Group Companies (Finalisation of Matters
and Distribution of Proceeds) Act 2015.
The Parliament of Western Australia enacts as follows:
page 1
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 1
1 1. Short title
2 This is the Bell Group Companies (Finalisation of Matters and
3 Distribution of Proceeds) Amendment Act 2016.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- come into operation on the day on
7 which this Act receives the Royal Assent (assent day);
8 (b) sections 4 to 10 are deemed to have come into operation
9 on 27 November 2015;
10 (c) the rest of the Act -- comes into operation on the day
11 after assent day.
12 3. Act amended
13 This Act amends the Bell Group Companies (Finalisation of
14 Matters and Distribution of Proceeds) Act 2015.
15 4. Section 3 amended
16 (1) In section 3(1) insert in alphabetical order:
17
18 Maranoa Transport means Maranoa Transport Pty Ltd
19 ACN 009 668 393 (In Liquidation);
20
21 (2) After section 3(4) insert:
22
23 (5) Except in section 51(1), a reference in this Act to a
24 WA Bell Company includes a reference to Maranoa
25 Transport.
26
page 2
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 5
1 5. Part 3 Division 1A inserted
2 At the beginning of Part 3 insert:
3
4 Division 1A -- WA Bell Companies
5 continuing existence
6 21A. WA Bell Companies continuing existence
7 (1) If, immediately before the transfer day, a WA Bell
8 Company was registered under the Corporations Act
9 then, on and from the transfer day, the existence and
10 legal personality of the company continues under this
11 Act, and continues as a body corporate.
12 (2) If the registration of a WA Bell Company is reinstated
13 on or after the transfer day then, on and from
14 immediately after the reinstatement, the existence and
15 legal personality of the company continues under this
16 Act, and continues as a body corporate.
17 (3) Subsections (1) and (2) do not have the effect of
18 creating new legal entities.
19 (4) For the purposes of subsection (1), a person who held a
20 share in the company immediately before the transfer
21 day continues to hold that share.
22 (5) For the purposes of subsection (2), a person who held a
23 share in the company immediately before its
24 deregistration as a company continues to hold that
25 share.
26 (6) The effect of this section is subject to the rest of this
27 Act and the regulations.
28
page 3
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 6
1 6. Section 25 amended
2 In section 25(1) delete "company under the Corporations Act
3 Part 5.6," and insert:
4
5 company,
6
7 7. Section 30 amended
8 After section 30(1) insert:
9
10 (1A) If section 21A does not have the effect of continuing
11 the existence of a WA Bell Company under this Act,
12 subsection (2) does not have effect in relation to the
13 company.
14
15 8. Section 50 amended
16 (1) In section 50 insert in alphabetical order:
17
18 matter has the meaning given in the Corporations Act
19 section 5F(6).
20
21 (2) In section 50 in the definition of excluded Corporations
22 legislation provision delete "section 51." and insert:
23
24 section 51;
25
page 4
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 9
1 9. Section 51 amended
2 (1) In section 51(1) delete "Company is declared to be an excluded
3 matter" and insert:
4
5 Company and Maranoa Transport are declared to be excluded
6 matters
7
8 (2) After section 51(1) insert:
9
10 (1A) Each other matter the subject of this Act is declared to
11 be an excluded matter for the purposes of the
12 Corporations Act section 5F, in relation to the whole of
13 the Corporations legislation other than --
14 (a) to the extent to which this Act does not apply or
15 purport to apply to the matter; and
16 (b) to the extent specified in subsections (2)
17 and (3).
18
19 10. Section 52 amended
20 (1) Delete section 52(1).
21 (2) In section 52(2) delete "Parts 3, 4 and 5 and sections 55 and
22 56(3)" and insert:
23
24 this Act other than this Part
25
26 11. Section 53 amended
27 After section 53(3) insert:
28
29 (4) Regulations made for the purposes of this section may
30 be expressed to take effect from a time that is earlier
page 5
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 12
1 than the beginning of the day on which the regulations
2 are published in the Gazette, but not earlier than
3 immediately before the transfer day.
4
5 12. Section 53A inserted
6 At the end of Part 6 insert:
7
8 53A. Validity of certain provisions
9 If on the day on which the Bell Group Companies
10 (Finalisation of Matters and Distribution of Proceeds)
11 Amendment Act 2016 section 12 comes into operation
12 section 22 is not valid because of section 109 of the
13 Constitution of the Commonwealth but, afterwards
14 becomes valid, this Act has effect as if the references to
15 the transfer day prescribed for the purposes of this
16 section were references to the day on which it becomes
17 valid.
18
19 13. Section 83 amended
20 (1) In section 83(2):
21 (a) in paragraph (f) delete "$2 500." and insert:
22
23 $2 500;
24
25 (b) after paragraph (f) insert:
26
27 (g) matters of a transitional, application or savings
28 nature, including matters relating to the coming
29 into operation of a provision of the Bell Group
30 Companies (Finalisation of Matters and
31 Distribution of Proceeds) Amendment
32 Act 2016;
page 6
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 14
1 (h) matters relating to a provision of this Act that is
2 partly or wholly invalid because of section 109
3 of the Constitution of the Commonwealth
4 ceasing to be invalid, partly or wholly,
5 including matters of a transitional, application
6 or savings nature.
7
8 (2) After section 83(2) insert:
9
10 (3) Regulations made for the purposes of subsection (3)(g)
11 or (h) may be expressed to take effect from a time that
12 is earlier than the beginning of the day on which the
13 regulations are published in the Gazette, but not earlier
14 than immediately before the transfer day.
15
16 14. Section 85 inserted
17 After section 84 insert:
18
19 85. The Bell Group Companies (Finalisation of Matters
20 and Distribution of Proceeds) Amendment Act 2016
21 (1) In this section --
22 Amendment Act means the Bell Group Companies
23 (Finalisation of Matters and Distribution of Proceeds)
24 Amendment Act 2016;
25 commencement day means day on which the
26 Amendment Act section 14 comes into operation.
27 (2) Even if an amendment effected by section 4, 5, 6, 7, 8,
28 9 or 10 of the Amendment Act is not effective from the
29 transfer day, it is intended to be effective from
30 commencement day.
page 7
Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 14
1 (3) Section 3(5) does not have effect so as to make a
2 person criminally liable for a thing done or omitted to
3 be done before the day on which section 3 of the
4 Amendment Act comes into operation.
5 (4) The rights, obligations and liabilities of all persons are
6 to be taken to be, and to have always been, the same as
7 if the Amendment Act had received the Royal Assent
8 on 26 November 2015 and sections 4 to 10 of that Act
9 had come into operation on 27 November 2015.
10 (5) Anything done, or purportedly done, on or after the
11 transfer day and before commencement day is as valid
12 and effective, and is to be taken to have always been as
13 valid and effective, as it would have been if the
14 Amendment Act had received the Royal Assent on
15 26 November 2015 and sections 4 to 10 of that Act had
16 come into operation on 27 November 2015.
17 (6) To the extent to which a provision of this Act that does
18 not have effect in relation to a matter to which it would
19 otherwise have effect (including at a time before
20 commencement day) begins to have effect in relation to
21 the matter on a day that is on or after commencement
22 day, this Act has effect in relation to the matter on and
23 after that day and, to the extent to which
24 subsections (4) and (5) do not have effect in relation to
25 the matter --
26 (a) anything done or effected or purported to have
27 been done or effected in relation to that matter
28 before that day is, to the extent possible, to be
29 treated as having been done or effected on that
30 day; and
31 (b) to the extent to which paragraph (a) does not
32 have effect in relation to a thing done or
33 purported to have been done in relation to that
34 matter before that day, it may be done on or
35 after that day; and
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Bell Group Companies (Finalisation of Matters and Distribution of
Proceeds) Amendment Bill 2016
s. 14
1 (c) to the extent to which paragraph (a) does not
2 have effect in relation to a thing effected or
3 purported to be effected in relation to that
4 matter before that day, it is effected on that day.
5 (7) In subsections (5) and (6), a reference to the doing of
6 anything includes a reference to an omission to do
7 anything.
8 (8) Subsection (6) does not limit section 83(2)(g) or (h).
9
10
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