City of Fremantle and Town of East Fremantle Trust Funds (Amendment and Expiry) Act 2013
Western Australia
City of Fremantle and Town of East Fremantle Trust Funds (Amendment and Expiry) Act 2013
CONTENTS
1.Short title2
2.Commencement2
3.Act amended2
4.Part 1 heading inserted2
Part 1 — Preliminary
5.Section 3 amended2
6.Parts 2 and 3 inserted2
Part 2 — Transitional provisions relating to Fremantle Fund and East Fremantle Fund
Division 1 — Fremantle Fund
4.Fremantle Fund abolished2
5.Assets and liabilities of Fremantle Fund2
6.Proceedings relating to Fremantle Fund2
7.Agreements and instruments relating to Fremantle Fund2
8.Loan debenture agreements between Fremantle Fund and City of Fremantle2
9.Care, control and management of Reserve 348372
10.Final report on Fremantle Fund2
Division 2 — East Fremantle Fund
11.East Fremantle Fund abolished2
12.Assets and liabilities of East Fremantle Fund2
13.Proceedings relating to East Fremantle Fund2
14.Agreements and instruments relating to East Fremantle Fund2
15.Final report on East Fremantle Fund2
Division 3 — Miscellaneous
16.Registration of documents2
Part 3 — Expiry of Act
17.Act to expire2
7.Sections 4 to 9 deleted2
8.Schedule deleted2
Western Australia
City of Fremantle and Town of East Fremantle Trust Funds (Amendment and Expiry) Act 2013
An Act to amend the City of Fremantle and Town of East Fremantle Trust Funds Act 1961.
[Assented to 22 August 2013]
The Parliament of Western Australia enacts as follows:
This is the City of Fremantle and Town of East Fremantle Trust Funds (Amendment and Expiry) Act 2013.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the 14th day after that day.
This Act amends the City of
Before section 1 insert:
(1)In section 3 delete the definition of Board.
(2)In section 3 insert in alphabetical order:
asset means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes a security, a chose in action and a document;
liability means any liability, debt or obligation (whether present or future and whether vested or contingent);
right means any right, power, privilege or immunity (whether present or future and whether vested or contingent);
transfer day means the day on which the City of Fremantle and Town of East Fremantle Trust Funds (Amendment and Expiry) Act 2013, other than sections 1 and 2, comes into operation.
(3)In section 3 in the definition of Agreement delete “is contained in the Schedule;” and insert:
was contained in the Schedule to this Act immediately before transfer day;
(4)In section 3 in the definition of Fremantle Fund delete “Agreement.” and insert:
Agreement;
After section 3 insert:
Part 2 — Transitional provisions relating to Fremantle Fund and East Fremantle Fund
The Fremantle Fund is abolished on transfer day.
5.Assets and liabilities of Fremantle Fund
(1)On transfer day —
(a)the assets and rights of the Fremantle Fund immediately before that day become assets and rights of the City of Fremantle by force of this section; and
(b)the liabilities of the Fremantle Fund immediately before that day become liabilities of the City of
(2)This section applies despite —
(a)any other law of the State; and
(b)the Agreement; and
(c)any other contract, agreement, document, order or instrument.
6.Proceedings relating to Fremantle Fund
(1)On and after transfer day, any proceedings that immediately before that day might have been commenced or continued by the Fremantle Fund may be commenced or continued by the City of
(2)On and after transfer day, any proceedings that immediately before that day might have been commenced or continued against the Fremantle Fund may be commenced or continued against the City of
7.Agreements and instruments relating to Fremantle Fund
(1)Any agreement or instrument —
(a)that is in force immediately before transfer day; and
(b)to which the Fremantle Fund is a party; and
(c)that is not —
(i)a loan debenture agreement to which section 8 applies; or
(ii)the Reserve 34837 order (as defined in section 9),
has effect on and after transfer day as if the City of
(2)Any agreement or instrument —
(a)that is in force immediately before transfer day; and
(b)that includes a reference to the Fremantle Fund; and
(c)that is not —
(i)a loan debenture agreement to which section 8 applies; or
(ii)the Reserve 34837 order (as defined in section 9),
has effect on and after transfer day as if any reference in the agreement or instrument to the Fremantle Fund were (unless the context otherwise requires) a reference to the City of
8.Loan debenture agreements between Fremantle Fund and City of
On transfer day, a loan debenture agreement —
(a)that is in force immediately before transfer day; and
(b)to which the Fremantle Fund and the City of
ceases to be in force.
9.Care, control and management of Reserve 34837
(1)In this section —
Reserve 34837 order means the order that —
(a)was made under the Land Act 1933 section 33 in relation to Reserve no. 34837 on 21 September 1977; and
(b)subsists under the Land Administration Act 1997 Schedule 2 clause 16.
(2)On transfer day, the Reserve 34837 order is taken to be revoked under the Land Administration Act 1997 section 50(1).
(3)On transfer day, the following orders are taken to be made —
(a)an order under the Land Administration Act 1997 section 46(1) placing the care, control and management of Reserve no. 34837 with the City of Fremantle for the same purpose as that for which the relevant Crown land is reserved and for purposes ancillary or beneficial to that purpose;
(b)an order under the Land Administration Act 1997 section 46(3) conferring on the City of
(4)To avoid doubt, this section does not prevent the taking of any action under the Land Administration Act 1997 or any other written law in relation to the orders that are taken to be made under subsection (3).
10.Final report on Fremantle Fund
As soon as reasonably practicable after transfer day, the City of
(a)lists the assets and liabilities of the Fremantle Fund immediately before transfer day;
(b)lists and gives details of any proceedings that, immediately before transfer day —
(i)had been commenced by or against the Fremantle Fund; and
(ii)had not been completed;
(c)lists and gives details of any proceedings that the City of
(d)lists and gives details of the effect of each agreement (other than a loan debenture agreement to which section 8 applies) and instrument that was in force immediately before transfer day to which the Fremantle Fund was a party;
(e)lists and gives details of each loan debenture agreement that ceased to be in force under section 8 on transfer day;
(f)states whether, immediately before transfer day, the Fremantle Fund held any assets with the East Fremantle Fund as tenants in common.
Division 2 —
11.East Fremantle Fund abolished
The East Fremantle Fund is abolished on transfer day.
12.Assets and liabilities of East Fremantle Fund
(1)On transfer day —
(a)the assets and rights of the East Fremantle Fund immediately before that day become assets and rights of the Town of East Fremantle by force of this section; and
(b)the liabilities of the East Fremantle Fund immediately before that day become liabilities of the Town of
(2)This section applies despite —
(a)any other law of the State; and
(b)the Agreement; and
(c)any other contract, agreement, document, order or instrument.
13.Proceedings relating to East Fremantle Fund
(1)On and after transfer day, any proceedings that immediately before that day might have been commenced or continued by the East Fremantle Fund may be commenced or continued by the Town of
(2)On and after transfer day, any proceedings that immediately before that day might have been commenced or continued against the East Fremantle Fund may be commenced or continued against the Town of
14.Agreements and instruments relating to East Fremantle Fund
(1)Any agreement or instrument —
(a)that is in force immediately before transfer day; and
(b)to which the East Fremantle Fund is a party,
has effect on and after transfer day as if the Town of
(2)Any agreement or instrument —
(a)that is in force immediately before transfer day; and
(b)that includes a reference to the East Fremantle Fund,
has effect on and after transfer day as if any reference in the agreement or instrument to the East Fremantle Fund were (unless the context otherwise requires) a reference to the Town of
15.Final report on East Fremantle Fund
As soon as reasonably practicable after transfer day, the Town of
(a)lists the assets and liabilities of the East Fremantle Fund immediately before transfer day;
(b)lists and gives details of any proceedings that, immediately before transfer day —
(i)had been commenced by or against the East Fremantle Fund; and
(ii)had not been completed;
(c)lists and gives details of any proceedings that the Town of
(d)lists and gives details of the effect of each agreement and instrument that was in force immediately before transfer day to which the East Fremantle Fund was a party;
(e)states whether, immediately before transfer day, the East Fremantle Fund held any assets with the Fremantle Fund as tenants in common.
The Registrar of Titles is to take notice of the provisions of this Part and is empowered to record and register in the appropriate manner the necessary documents, and otherwise to give effect to this Part.
(1)When the Minister is reasonably satisfied that there is no reason for this Act to continue, the Minister must publish a notice in the Gazette stating that this Act expires at the end of the day on which the notice is published.
(2)The Minister must not publish a notice under subsection (1) unless —
(a)the City of
(b)the Town of
(c)the Minister has consulted the City of
(3)The Act expires as stated in a notice published under subsection (1).
Delete sections 4 to 9.
Delete the Schedule.