Western Australian Current Acts

ASSOCIATIONS INCORPORATION ACT 2015 - SCHEDULE 2

[s. 108]

1 .         Terms used

                In this Schedule, unless the contrary intention appears —

        former association means an incorporated association that is a party to an amalgamation under Part 7;

        incorporated association means a new body that is incorporated under section 106.

2 .         Transfer of property and liabilities and related provisions

                On the incorporation of an association under section 106 —

            (a)         the property of a former association vests, by virtue of this clause, in the incorporated association; and

            (b)         the rights and liabilities of a former association become, by virtue of this clause, the rights and liabilities of the incorporated association; and

            (c)         proceedings by or against a former association subsisting immediately before the incorporation may be continued by or against the incorporated association; and

            (d)         proceedings that might have been brought by or against a former association immediately before the incorporation may be commenced by or against the incorporated association; and

            (e)         any act, matter or thing done or omitted to be done before the incorporation by, to or in respect of a former association is, to the extent to which the act, matter or thing has any force or effect, taken to have been done or omitted by, to or in respect of the incorporated association; and

            (f)         a reference in an agreement or instrument to a former association is unless —

                  (i)         the context otherwise requires; or

                  (ii)         the regulations otherwise provide,

                to be read as, or as including, a reference to the incorporated association.

3 .         Trusts etc. not affected

                Any property vested in an incorporated association by clause 2 is vested subject to any trust, restriction or obligation to which the property was subject immediately before it became so vested.

4 .         Notation of registers

                On —

            (a)         the application of an incorporated association in which any estate or interest in land has been vested by clause 2; and

            (b)         the production of such duplicate instruments of title and other documents as the Registrar of Titles or the Registrar of Deeds and Transfers may require,

                the relevant official is to record and register the vesting in the appropriate manner.