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This is a Bill, not an Act. For current law, see the Acts databases.


CITY OF FREMANTLE AND TOWN AND EAST FREMANTLE TRUST FUNDS (AMENDMENT AND EXPIRY) BILL 2013

                       Western Australia


City of Fremantle and Town of East Fremantle
Trust Funds (Amendment and Expiry) Bill 2013

                           Contents

   1.   Short title                                                2
   2.   Commencement                                               2
   3.   Act amended                                                2
   4.   Part 1 heading inserted                                    2
        Part 1 -- Preliminary
   5.   Section 3 amended                                          2
   6.   Parts 2 and 3 inserted                                     3
        Part 2 -- Transitional provisions relating to
               Fremantle Fund and East Fremantle Fund
        Division 1 -- Fremantle Fund
        4.        Fremantle Fund abolished                   3
        5.        Assets and liabilities of Fremantle Fund   4
        6.        Proceedings relating to Fremantle Fund     4
        7.        Agreements and instruments relating to
                  Fremantle Fund                             4
        8.        Loan debenture agreements between
                  Fremantle Fund and City of Fremantle       5
        9.        Care, control and management of
                  Reserve 34837                              6
        10.       Final report on Fremantle Fund             7
        Division 2 -- East Fremantle Fund
        11.       East Fremantle Fund abolished              7
        12.       Assets and liabilities of East Fremantle
                  Fund                                       8
        13.       Proceedings relating to East Fremantle
                  Fund                                       8
        14.       Agreements and instruments relating to
                  East Fremantle Fund                        8
        15.       Final report on East Fremantle Fund        9
        Division 3 -- Miscellaneous
        16.       Registration of documents                  10



                            11--1                                  page i
City of Fremantle and Town of East Fremantle Trust Funds (Amendment
and Expiry) Bill 2013



Contents


             Part 3 -- Expiry of Act
             17.      Act to expire                        10
      7.     Sections 4 to 9 deleted                            11
      8.     Schedule deleted                                   11




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


City of Fremantle and Town of East Fremantle
Trust Funds (Amendment and Expiry) Bill 2013

                               A Bill for


An Act to amend the City of Fremantle and Town of East Fremantle
Trust Funds Act 1961.



The Parliament of Western Australia enacts as follows:




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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
     and Expiry) Bill 2013



     s. 1



1    1.         Short title
2               This is the City of Fremantle and Town of East Fremantle Trust
3               Funds (Amendment and Expiry) Act 2013.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on the 14th day after that day.

9    3.         Act amended
10              This Act amends the City of Fremantle and Town of East
11              Fremantle Trust Funds Act 1961.

12   4.         Part 1 heading inserted
13              Before section 1 insert:
14


15                             Part 1 -- Preliminary
16

17   5.         Section 3 amended
18        (1)   In section 3 delete the definition of Board.
19        (2)   In section 3 insert in alphabetical order:
20

21                    asset means any legal or equitable estate or interest
22                    (whether present or future and whether vested or
23                    contingent) in real or personal property of any
24                    description (including money), and includes a security,
25                    a chose in action and a document;
26                    liability means any liability, debt or obligation
27                    (whether present or future and whether vested or
28                    contingent);

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          City of Fremantle and Town of East Fremantle Trust Funds (Amendment
                                                            and Expiry) Bill 2013



                                                                                s. 6


1                       right means any right, power, privilege or immunity
2                       (whether present or future and whether vested or
3                       contingent);
4                       transfer day means the day on which the City of
5                       Fremantle and Town of East Fremantle Trust Funds
6                       (Amendment and Expiry) Act 2013, other than
7                       sections 1 and 2, comes into operation.
8

9         (3)     In section 3 in the definition of Agreement delete "is contained
10                in the Schedule;" and insert:
11

12                was contained in the Schedule to this Act immediately before
13                transfer day;
14

15        (4)     In section 3 in the definition of Fremantle Fund delete
16                "Agreement." and insert:
17

18                Agreement;
19

20   6.           Parts 2 and 3 inserted
21                After section 3 insert:
22


23                Part 2 -- Transitional provisions relating to
24                Fremantle Fund and East Fremantle Fund
25                             Division 1 -- Fremantle Fund
26           4.         Fremantle Fund abolished
27                      The Fremantle Fund is abolished on transfer day.




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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
     and Expiry) Bill 2013



     s. 6


1           5.         Assets and liabilities of Fremantle Fund
2                (1)   On transfer day --
3                       (a) the assets and rights of the Fremantle Fund
4                             immediately before that day become assets and
5                             rights of the City of Fremantle by force of this
6                             section; and
7                       (b) the liabilities of the Fremantle Fund
8                             immediately before that day become liabilities
9                             of the City of Fremantle by force of this
10                            section.
11               (2)   This section applies despite --
12                      (a) any other law of the State; and
13                      (b) the Agreement; and
14                      (c) any other contract, agreement, document, order
15                            or instrument.

16          6.         Proceedings relating to Fremantle Fund
17               (1)   On and after transfer day, any proceedings that
18                     immediately before that day might have been
19                     commenced or continued by the Fremantle Fund may
20                     be commenced or continued by the City of Fremantle.
21               (2)   On and after transfer day, any proceedings that
22                     immediately before that day might have been
23                     commenced or continued against the Fremantle Fund
24                     may be commenced or continued against the City of
25                     Fremantle.

26          7.         Agreements and instruments relating to Fremantle
27                     Fund
28               (1)   Any agreement or instrument --
29                      (a) that is in force immediately before transfer day;
30                           and
31                      (b) to which the Fremantle Fund is a party; and

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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
                                                       and Expiry) Bill 2013



                                                                            s. 6


1                    (c)   that is not --
2                             (i) a loan debenture agreement to which
3                                   section 8 applies; or
4                            (ii) the Reserve 34837 order (as defined in
5                                   section 9),
6                  has effect on and after transfer day as if the City of
7                  Fremantle were substituted for the Fremantle Fund as a
8                  party to the agreement or instrument.
9            (2)   Any agreement or instrument --
10                  (a) that is in force immediately before transfer day;
11                       and
12                  (b) that includes a reference to the Fremantle Fund;
13                       and
14                  (c) that is not --
15                          (i) a loan debenture agreement to which
16                               section 8 applies; or
17                         (ii) the Reserve 34837 order (as defined in
18                               section 9),
19                 has effect on and after transfer day as if any reference
20                 in the agreement or instrument to the Fremantle Fund
21                 were (unless the context otherwise requires) a reference
22                 to the City of Fremantle.

23      8.         Loan debenture agreements between Fremantle
24                 Fund and City of Fremantle
25                 On transfer day, a loan debenture agreement --
26                  (a) that is in force immediately before transfer day;
27                        and
28                  (b) to which the Fremantle Fund and the City of
29                        Fremantle are parties,
30                 ceases to be in force.


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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
     and Expiry) Bill 2013



     s. 6


1           9.         Care, control and management of Reserve 34837
2                (1)   In this section --
3                      Reserve 34837 order means the order that --
4                        (a) was made under the Land Act 1933 section 33
5                               in relation to Reserve no. 34837 on
6                               21 September 1977; and
7                        (b) subsists under the Land Administration
8                               Act 1997 Schedule 2 clause 16.
9                (2)   On transfer day, the Reserve 34837 order is taken to be
10                     revoked under the Land Administration Act 1997
11                     section 50(1).
12               (3)   On transfer day, the following orders are taken to be
13                     made --
14                      (a) an order under the Land Administration
15                            Act 1997 section 46(1) placing the care, control
16                            and management of Reserve no. 34837 with the
17                            City of Fremantle for the same purpose as that
18                            for which the relevant Crown land is reserved
19                            and for purposes ancillary or beneficial to that
20                            purpose;
21                      (b) an order under the Land Administration
22                            Act 1997 section 46(3) conferring on the City
23                            of Fremantle power, subject to the Land
24                            Administration Act 1997 section 18, to grant a
25                            lease or sublease or licence over the whole or
26                            any part of the relevant Crown land for the
27                            purposes referred to in paragraph (a).
28               (4)   To avoid doubt, this section does not prevent the taking
29                     of any action under the Land Administration Act 1997
30                     or any other written law in relation to the orders that
31                     are taken to be made under subsection (3).




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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
                                                       and Expiry) Bill 2013



                                                                         s. 6


1       10.      Final report on Fremantle Fund
2                As soon as reasonably practicable after transfer day,
3                the City of Fremantle must prepare and give to the
4                Minister a report that does the following --
5                  (a) lists the assets and liabilities of the Fremantle
6                        Fund immediately before transfer day;
7                  (b) lists and gives details of any proceedings that,
8                        immediately before transfer day --
9                           (i) had been commenced by or against the
10                               Fremantle Fund; and
11                         (ii) had not been completed;
12                 (c) lists and gives details of any proceedings that
13                       the City of Fremantle is aware are likely to be
14                       commenced by or against the City of Fremantle
15                       in substitution for the Fremantle Fund pursuant
16                       to section 6;
17                 (d) lists and gives details of the effect of each
18                       agreement (other than a loan debenture
19                       agreement to which section 8 applies) and
20                       instrument that was in force immediately before
21                       transfer day to which the Fremantle Fund was a
22                       party;
23                 (e) lists and gives details of each loan debenture
24                       agreement that ceased to be in force under
25                       section 8 on transfer day;
26                  (f) states whether, immediately before transfer day,
27                       the Fremantle Fund held any assets with the
28                       East Fremantle Fund as tenants in common.

29                  Division 2 -- East Fremantle Fund
30      11.      East Fremantle Fund abolished
31               The East Fremantle Fund is abolished on transfer day.


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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
     and Expiry) Bill 2013



     s. 6


1           12.         Assets and liabilities of East Fremantle Fund
2                 (1)   On transfer day --
3                        (a) the assets and rights of the East Fremantle Fund
4                              immediately before that day become assets and
5                              rights of the Town of East Fremantle by force
6                              of this section; and
7                        (b) the liabilities of the East Fremantle Fund
8                              immediately before that day become liabilities
9                              of the Town of East Fremantle by force of this
10                             section.
11                (2)   This section applies despite --
12                       (a) any other law of the State; and
13                       (b) the Agreement; and
14                       (c) any other contract, agreement, document, order
15                             or instrument.

16          13.         Proceedings relating to East Fremantle Fund
17                (1)   On and after transfer day, any proceedings that
18                      immediately before that day might have been
19                      commenced or continued by the East Fremantle Fund
20                      may be commenced or continued by the Town of East
21                      Fremantle.
22                (2)   On and after transfer day, any proceedings that
23                      immediately before that day might have been
24                      commenced or continued against the East Fremantle
25                      Fund may be commenced or continued against the
26                      Town of East Fremantle.

27          14.         Agreements and instruments relating to East
28                      Fremantle Fund
29                (1)   Any agreement or instrument --
30                       (a) that is in force immediately before transfer day;
31                            and

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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
                                                       and Expiry) Bill 2013



                                                                               s. 6


1                    (b)    to which the East Fremantle Fund is a party,
2                   has effect on and after transfer day as if the Town of
3                   East Fremantle were substituted for the East Fremantle
4                   Fund as a party to the agreement or instrument.
5             (2)   Any agreement or instrument --
6                    (a) that is in force immediately before transfer day;
7                         and
8                    (b) that includes a reference to the East Fremantle
9                         Fund,
10                  has effect on and after transfer day as if any reference
11                  in the agreement or instrument to the East Fremantle
12                  Fund were (unless the context otherwise requires) a
13                  reference to the Town of East Fremantle.

14      15.         Final report on East Fremantle Fund
15                  As soon as reasonably practicable after transfer day,
16                  the Town of East Fremantle must prepare and give to
17                  the Minister a report that does the following --
18                    (a) lists the assets and liabilities of the East
19                         Fremantle Fund immediately before transfer
20                         day;
21                    (b) lists and gives details of any proceedings that,
22                         immediately before transfer day --
23                            (i) had been commenced by or against the
24                                  East Fremantle Fund; and
25                           (ii) had not been completed;
26                    (c) lists and gives details of any proceedings that
27                         the Town of East Fremantle is aware are likely
28                         to be commenced by or against the Town of
29                         East Fremantle in substitution for the East
30                         Fremantle Fund pursuant to section 13;
31                    (d) lists and gives details of the effect of each
32                         agreement and instrument that was in force

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     City of Fremantle and Town of East Fremantle Trust Funds (Amendment
     and Expiry) Bill 2013



     s. 6


1                              immediately before transfer day to which the
2                              East Fremantle Fund was a party;
3                        (e)   states whether, immediately before transfer day,
4                              the East Fremantle Fund held any assets with
5                              the Fremantle Fund as tenants in common.

6                              Division 3 -- Miscellaneous
7           16.         Registration of documents
8                       The Registrar of Titles is to take notice of the
9                       provisions of this Part and is empowered to record and
10                      register in the appropriate manner the necessary
11                      documents, and otherwise to give effect to this Part.

12                             Part 3 -- Expiry of Act
13          17.         Act to expire
14                (1)   When the Minister is reasonably satisfied that there is
15                      no reason for this Act to continue, the Minister must
16                      publish a notice in the Gazette stating that this Act
17                      expires at the end of the day on which the notice is
18                      published.
19                (2)   The Minister must not publish a notice under
20                      subsection (1) unless --
21                        (a) the City of Fremantle has given the Minister a
22                             report under section 10; and
23                        (b) the Town of East Fremantle has given the
24                             Minister a report under section 15; and
25                        (c) the Minister has consulted the City of
26                             Fremantle and the Town of East Fremantle.
27                (3)   The Act expires as stated in a notice published under
28                      subsection (1).
29




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         City of Fremantle and Town of East Fremantle Trust Funds (Amendment
                                                           and Expiry) Bill 2013



                                                                            s. 7



1   7.         Sections 4 to 9 deleted
2              Delete sections 4 to 9.

3   8.         Schedule deleted
4              Delete the Schedule.

5




 


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