Western Australia

Albany Public Cemeteries Subsidies Act 1952

Reprinted as at 7 June 2002

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprinted under the Reprints Act 1984 as at 5 April 2002

Western Australia

Albany Public Cemeteries Subsidies Act 1952

CONTENTS

1.Short title1

2.Interpretation1

3.Local governments empowered to pay money to Cemetery Trustees2

4.Local governments authorised to levy rates2

5.Moneys to be paid to special account2

6.Provisions of Local Government Act 1995 apply to levying rates3

Notes

Compilation table4

Reprinted under the Reprints Act 1984 as at 7 June 2002

Western Australia

Albany Public Cemeteries Subsidies Act 1952

An Act to empower the Town of Albany and the Shire of Albany to subsidise the funds of the Trustees of the Albany Public Cemeteries, and to authorise the making and levying of rates to obtain moneys for that purpose.

[Long title amended by No. 14 of 1996 s. 4.]

1.Short title

This Act may be cited as the Albany Public Cemeteries Subsidies Act 1952 1.

2.Interpretation

In this Act, unless the context otherwise requires — 

“Albany Public Cemeteries” means Reserve 23074, and the lands reserved and proclaimed as a public cemetery pursuant to the provisions of the Albany Cemeteries Act 1923 (Act No. 23 of 1943) and now Reserve 22406;

“districts” means the local government districts of Albany (Town) and Albany (Shire);

“local governments” means the Town of Albany and the Shire of Albany.

[Section 2 amended by No. 14 of 1996 s. 4.]

3.Local governments empowered to pay money to Cemetery Trustees

The local governments are hereby each empowered to pay from time to time to the Trustees of the Albany Public Cemeteries out of their municipal funds or out of the proceeds of any special rate levied pursuant to the provisions of this Act, such sums of money as the local governments respectively shall think fit for the purposes of the establishing, maintaining or management of the Albany Public Cemeteries, or for the repayment of any moneys borrowed from time to time by the Trustees for such purposes.

[Section 3 amended by No. 14 of 1996 s. 4.]

4.Local governments authorised to levy rates

(1)For the purposes of this Act the local governments are each hereby authorised to make, levy and impose a special rate to be known as a “Cemetery Rate” upon all rateable land within their respective districts or upon all rateable land within a prescribed portion of their respective districts.

(2)Such rate may be levied upon either the unimproved capital value or the annual value and shall not exceed, in any one year, five twenty-fourths of a cent in the dollar on the unimproved capital value or five-sixths of a cent in the dollar on the annual value.

(3)Such rate shall be in addition to any rate imposed under the Local Government Act 1995 and shall not affect any rating limit imposed by that Act.

[Section 4 amended by No. 113 of 1965 s. 4(1); No. 14 of 1996 s. 4.]

5.Moneys to be paid to special account

The moneys collected by either of the local governments from rates made, levied and imposed under this Act shall, when collected, be carried to a special account in the financial records and shall be applied for the purpose of this Act and not otherwise.

[Section 5 amended by No. 14 of 1996 s. 4.]

6.Provisions of Local Government Act 1995 apply to levying rates

Subject to this Act, the provisions of the Local Government Act 1995 relating to the making and levying of rates shall apply to the making and levying of rates under this Act.

[Section 6 amended by No. 14 of 1996 s. 4.]

Notes

1This reprint is a compilation as at 7 June 2002 of the Albany Public Cemeteries Subsidies Act 1952 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title	Number and year	Assent	Commencement
Albany Public Cemeteries Subsidies Act 1952	21 of 1952	19 Nov 1952	19 Nov 1952
Decimal Currency Act 1965	113 of 1965	21 Dec 1965	s. 4-9: 14 Feb 1966 (see s. 2(2)); balance: 21 Dec 1965 (see s. 2(1))
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)