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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 Amendment Bill 2003 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Section 3 amended 2 5. Part 1A inserted 3 6. Sections 5, 6, 7 and 8 repealed 3 7. Section 9 amended 3 8. Section 10 repealed 4 9. Part 2 Division 3 repealed 4 10. Section 19 amended 4 11. Section 21 repealed 4 12. Section 24 amended 4 13. Section 29 amended 4 14. Section 30 amended 5 15. Section 31 amended 5 16. Section 32 amended 6 17. Section 33 amended 6 18. Sections 34 and 35 repealed 6 19. Part 6 inserted 6 20. Schedules 1 and 2 repealed 12 21. Transitional and savings provisions 12 22. Constitution Acts Amendment Act 1899 amended 12 23. Financial Administration and Audit Act 1985 amended 13 24. Freedom of Information Act 1992 amended 13 182--1 page i Perth International Centre for Application of Solar Energy Amendment Bill 2003 Contents Schedule 1 -- Transitional and savings provisions Division 1 -- Preliminary 1. Meaning of terms used in this Schedule 14 2. Interpretation Act to apply 15 Division 2 -- Provisions that apply on the commencement day 3. The Board 15 4. Managing Director 15 5. The International Advisory Council 15 Division 3 -- Provisions that apply in relation to the abolition of the Centre 6. Devolution of Centre's assets, liabilities etc. 16 7. Agreements and instruments generally 16 8. References to the Centre in written law 16 9. Funds 17 10. Final report on abolition of the Centre 17 11. Immunity continues 17 12. Registration of documents 18 13. Saving 18 page ii Western Australia LEGISLATIVE ASSEMBLY Perth International Centre for Application of Solar Energy Amendment Bill 2003 A Bill for An Act to -- • amend the Perth International Centre for Application of Solar Energy Act 1994, and provide for the phasing out and expiry of that Act; • amend certain other Acts as a consequence, and for related purposes. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Perth International Centre for Application of Solar Energy Amendment Act 2003. page 1 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 2 2. Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) This Act, other than the provisions referred to in subsections (1) 5 and (3), comes into operation on a day fixed by proclamation. (3) Sections 22 to 24 come into operation immediately after the Perth International Centre for Application of Solar Energy Act 1994 expires. 3. The Act amended 10 The amendments in this Act are to the Perth International Centre for Application of Solar Energy Act 1994*, unless otherwise indicated. [* Act No. 36 of 1994. For subsequent amendments see 2001 Index to Legislation of 15 Western Australia, Table 1, p. 277 and Act No. 3 of 2002.] 4. Section 3 amended Section 3 is amended as follows: (a) by inserting the following definition in the appropriate alphabetical position -- 20 " "administrator" means the person holding office under section 35 as the administrator of the affairs of the Centre; "; 25 (b) by deleting the definitions of "Advisory Council", "alternate director", "appointed director", "Board", "chairperson", "committee", "Commonwealth Minister", "director", "international development organization", "Managing Director", "multilateral 30 development agency" and "Murdoch University"; page 2 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 5 (c) by deleting the definition of "representative of the Centre" and inserting the following definition instead -- " "representative of the Centre" means the 5 administrator or an outside assistant; ". 5. Part 1A inserted After section 3 the following Part is inserted -- " 10 Part 1A -- Expiry of Act 3A. Expiry of Act This Act expires at the end of the day fixed by the Minister by an Order published in the Gazette. ". 15 6. Sections 5, 6, 7 and 8 repealed Sections 5, 6, 7, and 8 are repealed. 7. Section 9 amended (1) Section 9(1) is amended by deleting "Managing Director" and inserting instead -- 20 " administrator ". (2) Section 9(2) is amended by deleting "Managing Director" and inserting instead -- " administrator ". (3) Section 9(3) is amended by deleting "Managing Director" and 25 inserting instead -- " administrator ". page 3 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 8 8. Section 10 repealed Section 10 is repealed. 9. Part 2 Division 3 repealed Part 2 Division 3 is repealed. 5 10. Section 19 amended Section 19(2) is amended as follows: (a) by inserting after paragraph (b) -- " and "; (b) by deleting the semicolon in paragraph (c) and "and" 10 after it and inserting a full stop; (c) by deleting paragraph (d). 11. Section 21 repealed Section 21 is repealed. 12. Section 24 amended 15 Section 24(3)(c) is deleted and "and" after it and the following is inserted instead -- " (c) the remuneration, if any, determined under section 35(7); and 20 ". 13. Section 29 amended (1) Section 29 is amended by inserting before "Subject to" the subsection designation "(1)". page 4 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 14 (2) At the end of section 29 the following subsection is inserted -- " (2) For the purposes of the Financial Administration and Audit Act 1985 the administrator is the accountable 5 authority of the Centre. ". 14. Section 30 amended (1) Section 30(2)(b) is deleted and the following paragraph is inserted instead -- 10 " (b) it is signed on behalf of the Centre by the administrator. ". (2) Section 30(3) is amended by deleting "Board" and inserting 15 instead -- " administrator ". (3) Section 30(4) is amended by deleting "Board" and inserting instead -- " administrator ". 20 (4) Section 30(5) is repealed. 15. Section 31 amended Section 31(2) is repealed and the following subsection is inserted instead -- " 25 (2) Subsection (1) does not relieve the Centre of any liability that, but for that subsection, it might have for the acts or omissions of a representative of the Centre. ". page 5 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 16 16. Section 32 amended Section 32 is amended by deleting "Board" and inserting instead -- " Minister ". 5 17. Section 33 amended After section 33(1) the following subsections are inserted -- " (1a) The Governor may make regulations prescribing matters that are necessary or convenient to be 10 prescribed for the purpose of the winding-up of the affairs of the Centre in preparation for this Act to expire under section 3A. (1b) Regulations providing for the winding-up referred to in subsection (1a) may make provision for any matter -- 15 (a) provided for by the Corporations Act 2001 of the Commonwealth relating to the liquidation of corporations; and (b) not inconsistent with Part 6. ". 20 18. Sections 34 and 35 repealed Sections 34 and 35 are repealed. 19. Part 6 inserted After section 33 the following Part is inserted -- " 25 Part 6 -- Winding-up affairs of the Centre 34. Interpretation In this Part, unless the contrary intention appears -- "appointed day" means the day on which section 19 of the Perth International Centre for Application page 6 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 19 of Solar Energy Amendment Act 2003 comes into operation; "assets", in relation to the Centre, means property of every kind whether tangible or intangible, real or 5 personal, corporeal or incorporeal and includes without limitation -- (a) choses in action; (b) goodwill; and (c) rights, interests and claims of every kind in 10 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; 15 "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; 20 "right" means any right, power, privilege or immunity whether actual, contingent or prospective. 35. Administrator of affairs of the Centre (1) The Minister is on the appointed day, or as soon as practicable thereafter, to appoint a person to be the 25 administrator of the affairs of the Centre. (2) The administrator holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines. (3) Subject to this section, the administrator -- 30 (a) is the governing body of the Centre; (b) has all the functions and powers of the Centre for the purpose of winding-up of the affairs of page 7 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 19 the Centre in preparation for the Act to expire under section 3A; (c) may engage under a contract for services or other arrangement such consultants and 5 professional or technical or other assistance as he or she considers necessary to carry out the orderly winding-up of the affairs of the Centre; and (d) has such additional powers and functions as are 10 necessary or desirable for the purpose of that winding-up. (4) Without limiting the generality of subsection (3), the administrator may for the purpose referred to in that subsection -- 15 (a) on behalf of the Centre and with the consent in writing of the Minister -- (i) compound or compromise any claim or demand made, or any debt or sum of money owing, to or by the Centre; 20 (ii) make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging themselves to have any claim (present or future, certain or contingent, 25 ascertained or sounding only in damages) against the Centre or whereby the Centre may be rendered liable; (iii) compromise any debts, liabilities capable of resulting in debts and any 30 claims (present or future, certain or contingent, ascertained or sounding only in damages) subsisting or supposed to subsist between the Centre and a debtor or person apprehending liability to the 35 Centre, and all questions in any way page 8 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 19 relating to or affecting the assets or the winding-up of the affairs of the Centre, on such terms as are agreed, and take any security for the discharge of, and 5 give a complete discharge in respect of, any such debt, liability or claim; or (iv) sell or otherwise dispose of, in any manner, all or any part of the assets of the Centre; 10 (b) do all acts and execute in the name and on behalf of the Centre all deeds, receipts and other documents and for that purpose use when necessary the common seal of the Centre in accordance with section 30; 15 (c) subject to the Bankruptcy Act 1966 of the Commonwealth, prove on behalf of the Centre in the bankruptcy of any debtor of the Centre or under any deed executed under that Act; or (d) take out letters of administration of the estate of 20 a deceased debtor, and do any other act necessary for obtaining payment of any moneys due from a debtor, or a debtor's estate, that cannot be conveniently done in the name of the Centre. 25 (5) The administrator may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her delegate to any person of whose services the Centre makes use under section 11 any of his or her powers or duties under this Act, other than 30 this power of delegation. (6) The administrator must comply with any direction given to him or her by the Minister -- (a) in relation to the performance of any function, or the exercise of any power, by the 35 administrator; and page 9 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 19 (b) for the purpose referred to in subsection (3)(b). (7) The administrator is entitled to such remuneration, if any, as is determined by the Minister. 36. Steps to be taken in winding-up of affairs of the 5 Centre (1) The Centre shall, on and after the appointed day, cease to perform its functions and exercise its powers except so far as, in the opinion of the administrator, is required for the purpose referred to in section 35(3)(b). 10 (2) The administrator shall, for the purpose referred to in section 35(3)(b), collect and take into his or her custody or under his or her control all the assets of the Centre, and apply those assets in the discharge of all the liabilities of the Centre, and take such other steps as 15 are necessary or desirable for that purpose. (3) For the purpose of applying the assets of the Centre in the discharge of all its liabilities, the administrator shall as soon as is practicable after the appointed day -- (a) by notice published in the Gazette invite all 20 creditors of the Centre; and (b) if the administrator knows or suspects that any persons are creditors of the Centre, on or before the date of the publication referred to in paragraph (a) serve on those persons invitations 25 in writing, to submit to him or her proof of their debts and claims within such period of not less than 21 days after the day of publication of the notice referred to in paragraph (a) as is specified in that notice. 30 (4) The administrator shall -- (a) compile a list of all proofs, submitted to him or her within the period referred to in page 10 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 19 subsection (3) in response to the notice published, or any invitation served, under that subsection; and (b) admit or reject, wholly or in part, each proof 5 appearing on the list compiled under this subsection. (5) Before admitting or rejecting a proof, wholly or in part, the administrator shall in writing served on the creditor concerned require that creditor to furnish the 10 administrator with such further evidence in support of the relevant debt or claim as is specified in that requirement within such period of not less than 14 days from the date of that service as is so specified. (6) The Centre is not liable in respect of a debt or claim 15 proof of which -- (a) subject to any decision made by the Supreme Court under section 38, is rejected under subsection (4); (b) is not submitted to the administrator within the 20 period referred to in subsection (3). (7) All debts payable on a contingency and all claims against the Centre (present or future, certain or contingent, ascertained or sounding only in damages) are admissible to proof against the Centre, a just 25 estimate being made by the administrator so far as possible of the value of such debts or claims as are subject to any contingency or sound only in damages or for some other reason do not bear a certain value. (8) The amount of a debt of the Centre (including a debt 30 that is for or includes interest) is to be computed for the purposes of this Part as at the appointed day. (9) All debts or claims proved under this section -- (a) rank equally; and page 11 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 20 (b) if the assets of the Centre are insufficient to meet them in full, shall be paid proportionately. 37. Administrator to notify date of completion of duties The administrator shall, when he or she has completed 5 the performance of the duties imposed by sections 35 and 36, notify the Minister in writing of the day on which that completion took place. 38. Appeals from acts, omissions or decisions of administrator 10 (1) A person aggrieved by any act, omission or decision of the administrator may appeal to the Supreme Court in respect of that act, omission or decision. (2) The Supreme Court may confirm, reverse or modify that act or decision, or remedy that omission, as the 15 case requires, and make such orders, including orders in respect of costs, and give such directions as it thinks fit. ". 20. Schedules 1 and 2 repealed 20 Schedules 1 and 2 are repealed. 21. Transitional and savings provisions Schedule 1 has effect with respect to transitional and savings provisions. 22. Constitution Acts Amendment Act 1899 amended 25 (1) The amendment in this section is to the Constitution Acts Amendment Act 1899*. [* Reprinted as at 8 June 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 30 2001, 5, 20 and 30 of 2002.] page 12 Perth International Centre for Application of Solar Energy Amendment Bill 2003 s. 23 (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.". 5 23. Financial Administration and Audit Act 1985 amended (1) The amendment in this section is to the Financial Administration and Audit Act 1985*. [* Reprinted as at 16 September 2002. For subsequent amendments see Acts Nos. 30 and 38 of 10 2002.] (2) Schedule 1 is amended by deleting "Perth International Centre for Application of Solar Energy". 24. Freedom of Information Act 1992 amended (1) The amendment in this section is to the Freedom of Information 15 Act 1992*. [* Reprinted as at 3 March 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 144 and Act No. 21 of 2002.] (2) Schedule 2 is amended by deleting "The Perth International 20 Centre for Application of Solar Energy.". page 13 Perth International Centre for Application of Solar Energy Amendment Bill 2003 Schedule 1 Transitional and savings provisions Schedule 1 -- Transitional and savings provisions [s. 21] Division 1 -- Preliminary 1. Meaning of terms used in this Schedule 5 In this Schedule, unless the contrary intention appears -- "administrator" has the meaning given to that term by section 3 of the Perth International Centre for Application of Solar Energy Act 1994 after its amendment by the Perth International Centre for Application of Solar Energy Amendment Act 2003; 10 "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 15 (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 20 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 section 21 of the 25 Perth International Centre for Application of Solar Energy Amendment Act 2003 comes into operation; "expiry day" means the day at the end of which the Perth International Centre for Application of Solar Energy Act 1994 expires under section 3A of that Act; 30 "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; page 14 Perth International Centre for Application of Solar Energy Amendment Bill 2003 Transitional and savings provisions Schedule 1 "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; 5 "the Act" means the Perth International Centre for Application of Solar Energy Act 1994 as in force immediately before the commencement day. 2. Interpretation Act to apply This Schedule does not limit the operation of the Interpretation 10 Act 1984. Division 2 -- Provisions that apply on the commencement day 3. The Board (1) On the commencement day the Board is dissolved and its members go out of office. 15 (2) A reference to the Board in a written law in force or a document in existence immediately before the commencement day is, unless because of the context it would be inappropriate to do so, to be read as a reference to the administrator. 4. Managing Director 20 On the commencement day the person holding the office of Managing Director under the Act immediately before the commencement day ceases to hold that office. 5. The International Advisory Council On the commencement day the International Advisory Council 25 established under Part 2 Division 3 of the Act ceases to exist and its members go out of office. page 15 Perth International Centre for Application of Solar Energy Amendment Bill 2003 Schedule 1 Transitional and savings provisions Division 3 -- Provisions that apply in relation to the abolition of the Centre 6. Devolution of Centre's assets, liabilities etc. On and after the expiry day -- 5 (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 become, by force of this clause, the liabilities of the State; 10 (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 (d) all records and data of the Centre pass to the Minister. 15 7. Agreements and instruments generally Any agreement or instrument subsisting immediately before the expiry day -- (a) to which the Centre is a party; or (b) which contains a reference to the Centre, 20 has effect after the expiry 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 were (unless the context otherwise requires) amended to be or 25 include a reference to the State. 8. References to the Centre in written law A reference to the Centre in an enactment in force immediately before the expiry day may, where the context so requires, be read as if it had been amended to be a reference to the State. page 16 Perth International Centre for Application of Solar Energy Amendment Bill 2003 Transitional and savings provisions Schedule 1 9. Funds On the expiry day the account referred to in section 24(2) of the Perth International Centre for Application of Solar Energy Act 1994 is to be closed and the moneys in the account credited to the Consolidated 5 Fund. 10. Final report on abolition of the Centre (1) In this clause -- "FAA Act" means the Financial Administration and Audit Act 1985; "the Act" means the Perth International Centre for Application of 10 Solar Energy Act 1994. (2) Section 65A of the FAA Act applies in relation to the preparation and submission of a final report in respect of the Centre for the period starting from the expiry of the last financial year of the Centre to have expired before the expiry of the Act and ending with the expiry of the 15 Act, as if -- (a) references in that section to a department were references to the Centre; and (b) references in that section to provisions of sections 62 to 65 of the FAA Act were references to the equivalent provisions of 20 sections 66 to 70 of the FAA Act. (3) If, when the Act expires, any duties imposed by Part II Division 14 of the FAA Act on the accountable authority of the Centre have not been complied with in relation to the Centre for any financial year that expired before the expiry of the Act, those duties are to be performed 25 by the person identified in subclause (4) as if that person were the accountable authority. (4) The duties referred to in subclause (3) are to be performed by the reporting officer appointed under section 65A(2) of the FAA Act as applied by subclause (2). 30 11. Immunity continues Despite the expiry of the Perth International Centre for Application of Solar Energy Act 1994, where the Centre had the benefit of any immunity in respect of an act, matter or thing done or omitted before the expiry day, that immunity continues in that respect for the benefit 35 of the State. page 17 Perth International Centre for Application of Solar Energy Amendment Bill 2003 Schedule 1 Transitional and savings provisions 12. Registration of documents The Registrar of Titles is to take notice of the provisions of this Schedule and is empowered to record and register in the appropriate manner the necessary documents, and otherwise to give effect to this 5 Schedule. 13. Saving The operation of any provision of this Schedule is not to be regarded -- (a) as a breach of contract or confidence or otherwise as a civil 10 wrong; (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; (c) as giving rise to any remedy by a party to an instrument or as 15 causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; (d) as causing any contract or instrument to be void or otherwise unenforceable; or 20 (e) as releasing or allowing the release of any surety.
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