{"id":"the-high-school-act-1876","name":"The High School Act 1876","slug":"the-high-school-act-1876","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110619,"registerId":"wa-the-high-school-act-1876-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The High School Act 1876","content":"![Crest]()Western Australia\n\nHale School Act 1876\n\nWestern Australia\n\nHale School Act 1876\n\nContents\n\n1. Short title 1\n\n1A. Interpretation 1\n\n2. The Governors of Hale School, a body corporate 2\n\n5. Constitution of the Board 2\n\n6. Terms of office and vacancies 3\n\n7. Visitor 4\n\n8. Dealings in property 4\n\n9. Management of school 4\n\n10. Board’s proceedings 5\n\n11. Borrowing 5\n\n12. Rating and taxation exemption 5\n\n13. Agreement relating to Reserve A3421 6\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nHale School Act 1876\n\nAn Act to make provision for the higher education of boys.\n\nPreamble\n\nWhereas it is expedient to make provision for the establishment of a High School for the purpose of giving to Boys an education similar to that given in the Grammar and advanced schools in the other Australasian Colonies;\n\nBe it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: —\n\n##### 1. Short title\n\nThis Act may be cited as the *Hale School Act 1876* 1.\n\n[Section 1 amended: No. 34 of 1958 s. 1(3).]\n\n##### 1A. Interpretation\n\nIn this Act, subject to the context —\n\n  Archbishop means the person for the time being consecrated as His Grace the Archbishop of Perth according to rites of the Anglican Church of Australia, and in his absence from the Anglican Church of Australia Diocese of Perth and during any vacancy in his office includes the person for the time being duly authorised to act as the Administrator of the Diocese;\n\n  Association means the association taken to be incorporated under the *Associations Incorporation Act 2015*, under the name “Old Haleians’ Association (Inc.)” and includes its successors for the time being;\n\n  Board means the corporation known as “The Governors of Hale School” constituted by this Act;\n\n  School means the school known as Hale School at Perth;\n\n  Trustees means the corporation known as The Perth Diocesan Trustees referred to in section 11 of Act No. 34 of 1918.\n\n[Section 1A inserted: No. 34 of 1958 s. 4; amended: No. 121 of 1976 s. 7; No. 30 of 2015 s. 218(2).]\n\n##### 2. The Governors of Hale School, a body corporate\n\nGovernors of the School under the name of “The Governors of Hale School” shall be a body corporate with perpetual succession and a common seal, and shall by the same name from time to time and at all times hereafter be capable to receive, purchase, acquire, take, and hold, to them and their successors, in trust for and to and for the purposes of such school, any messuages, lands, tenements, and hereditaments, of what nature or kind soever; and also to receive, purchase, acquire, and possess, upon the same trust, and to and for the same purposes, any goods, chattels, gifts, or benefactions whatsoever; and shall and may by the same name be capable to sue and be sued, both at law and in equity; and shall and may by the same name be capable to grant, demise, alien, or otherwise deal with all or any of the property, real or personal, belonging to the said school; and also to do all other matters and things, and have and enjoy all rights and privileges incidental to or appertaining to a body politic or corporate.\n\n[Section 2 amended: 42 Vict. No. 28 (1878) s. 4; 55 Vict. No. 29 (1892) s. 7 3; No. 34 of 1958 s. 5.]\n\n[**3, 4**. Deleted: No. 34 of 1958 s. 3.]\n\n##### 5. Constitution of the Board\n\nThe Board shall consist of 11 members of whom one shall be the Archbishop, 5 shall be appointed by the Trustees and 5 shall be appointed by the Association.\n\n[Section 5 inserted: No. 75 of 1994 s. 3.]\n\n##### 6. Terms of office and vacancies\n\n(1) In this section —\n\n  appointed, in relation to a member, means appointed by the Trustees or the Association;\n\n  casual vacancy means a vacancy that occurs otherwise than when a term of office expires;\n\n  member means a member of the Board;\n\n  periodical vacancy means a vacancy that occurs when a term of office expires.\n\n(2) A member appointed to a periodical vacancy may hold office for a period ending —\n\n(a) 4 years from when the vacancy occurred, if it occurred before 31 December 1994; or\n\n(b) 5 years from when the vacancy occurred, if it occurred on or after 31 December 1994.\n\n(3) Each of the first members appointed to fill the 2 vacancies created by the commencement of the *Hale School Amendment Act 1994* may hold office for the period ending on 31 December 1998.\n\n(4) A member appointed to fill a casual vacancy may hold office for the period ending when the term of the member whose office became vacant would have expired.\n\n(5) An appointed member whose term of office expires is eligible for reappointment.\n\n(6) The body which appointed a member may at any time terminate the appointment or remove the member from office.\n\n(7) The office of an appointed member becomes vacant if —\n\n(a) the term of office expires;\n\n(b) the appointment is terminated, or the member is removed from office, under subsection (6);\n\n(c) the member dies; or\n\n(d) the member resigns by written notice addressed to the Chairman of the Board.\n\n(8) The continuing members may act despite any vacancy on the Board.\n\n[Section 6 inserted: No. 75 of 1994 s. 3.]\n\n##### 7. Visitor\n\nThe Archbishop shall be the Visitor, with power to enter the School at any time to examine and instruct the pupils, to inspect the accounts and general management of the School, to prevent the adoption of any rule or regulation and to correct any act or omission which may or may tend to frustrate the intention that the School shall be and forever remain an Anglican Church of Australia School.\n\n[Section 7 inserted: No. 34 of 1958 s. 6; amended: No. 121 of 1976 s. 7.]\n\n##### 8. Dealings in property\n\nThe Board may, freed from any trusts imposed by this Act, sell, lease, mortgage or otherwise dispose of or deal with all or any of the real or personal property for the time being vested in or held by the Board under this Act. Subject there to and to section 2 the Board shall hold the property upon trust for the purposes of the School.\n\n[Section 8 inserted: No. 34 of 1958 s. 6.]\n\n##### 9. Management of school\n\nThe entire management and control of the School and of the real and personal property for the time being held by the Board is vested in the Board which is empowered subject to and for the purposes of this Act to exercise all or any of the powers conferred by the *Associations Incorporation Act 2015*, upon an association incorporated under that Act.\n\n[Section 9 inserted: No. 34 of 1958 s. 6; amended: No. 30 of 2015 s. 218(3).]\n\n##### 10. Board’s proceedings\n\n(1) At a meeting of the Board 6 members shall form a quorum.\n\n(2) The Chairman shall have a deliberative but not a second or casting vote.\n\n(3) All questions before the Board upon which they are not unanimous shall be decided by the majority of the votes of those present at the meeting and in such case the decision of the majority shall be the decision of the Board.\n\n[Section 10 inserted: No. 34 of 1958 s. 6; amended: No. 75 of 1994 s. 4.]\n\n##### 11. Borrowing\n\nFor the purposes of the school the Board may borrow money and give and execute such mortgages or other securities and upon such terms and conditions as the Board decides. Any money so borrowed and the performance of any obligations in regard thereto may be guaranteed by the Trustees upon such terms and conditions as the Trustees decides.\n\n[Section 11 inserted: No. 34 of 1958 s. 6.]\n\n##### 12. Rating and taxation exemption\n\nVacant land held by the Board and land held by the Board and used exclusively or mainly for the purposes of the School shall be exempt from rating under the provisions of the *Local Government Act 1995* and, if the land is not connected to water service works as defined in the *Water Services Act 2012* section 3(1), from statutory water service charges under that Act and from land tax imposed by the *Land Tax Act 2002*.\n\n[Section 12 inserted: No. 34 of 1958 s. 6; amended: No. 14 of 1996 s. 4; No. 45 of 2002 s. 14; No. 25 of 2012 s. 215.]\n\n##### 13. Agreement relating to Reserve A3421\n\nThe agreement made 31 October 1958 between the Minister for Works and the Board relating to the surrender to Her Majesty of the estate of the Board in all that piece of land being Perth Town Lots H138 and H141 (Reserve A3421) is approved and ratified, and such sums as are necessary for payment of the price mentioned in clause 1 of that agreement shall be paid from moneys to be appropriated by Parliament. Subject to the agreement the Governor is authorised by Order in Council to change the purpose of Reserve A3421 to “the use and requirements of the Government”.\n\n[Section 13 inserted: No. 34 of 1958 s. 6.]\n\nNotes\n\n1 This is a compilation of the *Hale School Act 1876* and includes the amendments made by the other written laws referred to in the following table 9. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | | **Assent** | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *The High School Act 1876* 6 | 40 Vict. No. 8 (1876) | | 12 Sep 1876 | 12 Sep 1876 |\n|  | 42 Vict. No. 28 (1878) 7 | | 24 Jul 1878 | 24 Jul 1878 |\n| *The Governors of High School Appointment Act* 8 | 55 Vict. No. 29 (1892) | | 18 Mar 1892 | 18 Mar 1892 |\n|  | 61 Vict. No. 12 (1897) 8 | | 23 Dec 1897 | 23 Dec 1897 |\n| *High School Act Amendment Act 1912*8 | 44 of 1912 | | 24 Dec 1912 | 24 Dec 1912 |\n| *High School Act Amendment Act 1920 8* | 6 of 1920 | | 21 Oct 1920 | 21 Oct 1920 |\n| *High School Act Amendment Act 1929 8* | 16 of 1929 | | 15 Nov 1929 | 29 Nov 1929 (see s. 1(2) and *Gazette* 29 Nov 1929 p. 2630) |\n| *High School Act Amendment Act 1930*8 | 2 of 1930 | | 23 Oct 1930 | 23 Oct 1930 |\n| *Hale School Act Amendment Act 1958* | 34 of 1958 | | 11 Dec 1958 | 11 Jan 1959 (see s. 2) |\n| *Anglican Church of Australia Act 1976* s. 7 7 | 121 of 1976 | | 1 Dec 1976 | 24 Aug 1981 (see s. 2(2) and *Gazette* 30 Jan 1981 p. 441) |\n| **Reprint of the *Hale School Act 1876* as at 20 Aug 1987**    (includes amendments listed above) | | | | |\n| *Hale School Amendment Act 1994* | 75 of 1994 | | 13 Dec 1994 | 10 Jan 1995 |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| **Reprint of the *Hale School Act 1876* as at 17 Jun 2002**    (includes amendments listed above) | | | | |\n| *Taxation Administration (Consequential Provisions) Act 2002* s. 14 10 | | 45 of 2002 | 20 Mar 2003 | 1 Jul 2003 (see s. 2 and *Gazette* 27 Jun 2003 p. 2383) |\n| *Water Services Legislation Amendment and Repeal Act 2012* s. 215 | | 25 of 2012 | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) |\n| *Associations Incorporation Act 2015* s. 218 | | 30 of 2015 | 2 Nov 2015 | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291-2) |\n\n\n2 Footnote no longer applicable.\n\n3 The text of s. 2 as amended by 55 Vict. No. 29 (1892) s. 7 has been taken to be as shown in the James Edition of the statutes because it appears to have been the basis of the amendment made by No. 34 of 1958 s. 5.\n\n4 As to rating under the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909* see Act No. 24 of 1987.\n\n5 Footnote no longer applicable.\n\n6 Formerly *The High School Act 1876* the short title of which was changed to the *Hale School Act 1876* by the *Hale School Act Amendment Act 1958* s. 1(3).\n\n7 Repealed by 55 Vict. No. 29 (1892) s. 8.\n\n8 Repealed by No. 34 of 1958 s. 3.\n\n9 This Act was affected by:\n\n\t\t*The High School Perth Mortgage Act, 1883* (47 Vict. No. 11);\n\n *High School Act 1924* (No. 5 of 1924)\n\nBoth Acts were repealed by No. 34 of 1958 s. 3.\n\n10 The *Taxation Administration (Consequential Provisions) Act 2002* s. 3 and 4 and Pt. 4 read as follows:\n\n“\n\n3. Relationship with other Acts\n\nThe *Taxation Administration Act 2003* is to be read with this Act as if they formed a single Act.\n\n4. Meaning of terms used in this Act\n\nThe Glossary at the end of the *Taxation Administration Act 2003* defines or affects the meaning of some of the words and expressions used in this Act and also affects the operation of other provisions.\n\nPart 4 — Transitional provisions\n\nDivision 1 — Interpretation\n\n33. Definitions\n\nIn this Part —\n\ncommencement day means the day on which the *Taxation Administration Act 2003* comes into operation;\n\nold Act means —\n\n(a) an Act repealed by section 5;\n\n(b) the old Stamp Act; or\n\n(c) section 41 of the *Metropolitan Region Town Planning Scheme Act 1959* as in force immediately before the commencement day;\n\nold Stamp Act means the *Stamp Act 1921* as in force immediately before the commencement day;\n\nsubstantive provisions, in relation to an old Act, means the provisions of the old Act other than those dealing with matters dealt with in the *Taxation Administration Act 2003*.\n\nDivision 2 — General transitional provisions\n\n34. General transitional arrangements\n\n(1) Section 37(1) of the *Interpretation Act 1984*, except paragraphs (a) and (b), does not apply in relation to the repeal of an old Act.\n\n(2) The repeal of an old Act does not, unless the contrary intention appears —\n\n(a) affect any right, interest, title, power or privilege created, acquired, accrued, established or exercisable or any status or capacity existing prior to the repeal;\n\n(b) affect any duty, obligation, liability, or burden of proof imposed, created, or incurred prior to the repeal;\n\n(c) subject to section 11 of *The Criminal Code* and section 10 of the *Sentencing Act 1995*, affect any penalty or forfeiture incurred or liable to be incurred in respect of an offence committed against the old Act; or\n\n(d) affect any investigation, legal proceeding or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, burden of proof, penalty or forfeiture.\n\n(3) Subject to subsections (4) and (5) —\n\n(a) a right, interest, title, power, privilege, duty, obligation, liability or burden of proof referred to in subsection (2)(a) or (b) may be exercised or enforced;\n\n(b) a penalty or forfeiture referred to in subsection (2)(c) may be imposed and enforced; and\n\n(c) an investigation, legal proceeding or remedy referred to in subsection (2)(d) may be instituted, continued, or enforced,\n\nas if the substantive provisions of the relevant old Act —\n\n(d) had not been repealed;\n\n(e) were a taxation Act for the purposes of the *Taxation Administration Act 2003*; and\n\n(f) had been amended to make any modifications necessary for this section to have effect.\n\n(4) If an objection, appeal or other legal proceeding (the action) was instituted under an old Act and was not finally determined before the commencement day —\n\n(a) the action may be continued;\n\n(b) any requirement to pay interest on an amount of tax determined in the action to have been overpaid applies and may be enforced;\n\n(c) any penalty may be imposed and enforced; and\n\n(d) any decision, order or determination made in the action has effect, and may be enforced,\n\nas if this Act and the taxation Acts had not commenced.\n\n(5) If the time limited by an old Act for doing anything is longer than the time limited by a taxation Act for doing the equivalent thing under that Act, then in relation to a matter to which subsection (3) applies, the time limited under the old Act applies in relation to the doing of the thing under the taxation Act.\n\n(6) If the time limited by an old Act for commencing proceedings in relation to an offence under that Act is shorter than the 5 year period limited by section 111 of the *Taxation Administration Act 2003*, then despite section 111, proceedings in relation to an offence under the old Act (including an offence under a provision of the old Act that is continued in force under this Part) cannot be commenced after the expiry of the shorter period provided for by the old Act.\n\n(7) In this section a reference, in relation to the *Stamp Act 1921*, to the repeal of the old Act is a reference to the amendment of the Act by the *Stamp Amendment Act 2003*.\n\n35. Commissioner not to increase tax liability\n\nDespite Part 3 Division  1 of the *Taxation Administration Act 2003*, the Commissioner must not make a reassessment that increases the amount of tax a person is liable to pay in relation to anything that happened before the commencement day if the reassessment could not have been made under the relevant old Act.\n\n36. Delegations\n\nA delegation made under an old Act and in force immediately before the commencement day continues in force on and after that day as a delegation made under section 10 of the *Taxation Administration Act 2003*.\n\nDivision 3 — Debits tax\n\n37. Certificates of exemption from tax (*Debits Tax Assessment Act 1990*, s. 11)\n\n(1) A certificate issued under section 11 of the *Debits Tax Assessment Act 1990* and in force immediately before the commencement day continues in force on and after that day as a certificate issued under section 10 of the *Debits Tax Assessment Act 2002*.\n\n(2) Where section 13(1) of the *Debits Tax Assessment Act 2002* applies in relation to a certificate issued under section 11 of the *Debits Tax Assessment Act 1990* the Commissioner cannot make a reassessment of the amount of debits tax payable on a debit for the purpose of giving effect to that section more than 3 years after —\n\n(a) if the financial institution has recovered the amount of the debits tax paid on the debit from the customer — the date on which that amount was recovered; or\n\n(b) otherwise — the date on which the debits tax on the debits was paid.\n\nDivision 4 — Land tax\n\n38. Exemptions for certain home unit owners (*Land Tax Assessment Act 1976*, s. 19)\n\nIf the amount of land tax payable on land for the financial year commencing on 1 July 2001 was assessed under section 19 of the *Land Tax Assessment Act 1976*, then on and after the commencement day section 16 of the *Land Tax Assessment Act 2002* applies in relation to that land as if that assessment had been made under section 16.\n\n39. Inner city residential property rebate (*Land Tax Assessment Act 1976*, s. 23AB)\n\nA notice given by the Commissioner under section 23AB(7) of the *Land Tax Assessment Act 1976* and in force immediately before the commencement day continues in force on and after that day as a notice under section 28(4) of the *Land Tax Assessment Act 2002*.\n\n40. Land tax relief Acts\n\nDespite —\n\n(a) the repeal of the *Land Tax Assessment Act 1976* and *Land Tax Act 1976*; and\n\n(b) the amendment of section 41 of the *Metropolitan Region Town Planning Scheme Act 1959*,\n\non and after the commencement day the *Land Tax Relief Act 1991* and *Land Tax Relief Act 1992* apply as if the substantive provisions of the Acts mentioned in paragraphs (a) and (b) —\n\n(c) had not been repealed;\n\n(d) were a taxation Act for the purposes of the *Taxation Administration Act 2003*; and\n\n(e) had been amended to make any modifications necessary for this section to have effect.\n\nDivision 5 — Pay‑roll tax\n\n41. Treatment of certain contributions (*Pay‑roll Tax Assessment Act 1971*, Sch. 2 cl. 5)\n\nDespite the repeal of the *Pay‑roll Tax Assessment Act 1971*, Schedule 2 clause 5 of that Act continues to apply on and after the commencement day in relation to contributions wholly or partly in respect of services performed or rendered before 1 July 1997 as if that Act had not been repealed.\n\n42. Reassessments and refunds (*Pay‑roll Tax Assessment Act 1971*, s. 19)\n\nDespite sections 16(3), 20(3) and 22(4) of the *Pay-roll Tax Assessment Act 2002* and section 16(1)(a) of the *Taxation Administration Act 2003*, the Commissioner is not required to make a reassessment of the amount of pay-roll tax payable by an employer in respect of wages paid or payable before the commencement day unless an application for a reassessment is made within 2 years after the tax was paid.\n\nDivision 6 — Stamp duty\n\n43. Adhesive stamps (*Stamp Act 1921*, s. 15, 21 and 23)\n\n(1) Despite its repeal by the *Stamp Amendment Act 2003*, section 15 of the old Stamp Act continues in force for 12 months after the commencement day in relation to adhesive stamps that were affixed on instruments before that day.\n\n(2) Despite their repeal by the *Stamp Amendment Act 2003*, sections 21 and 23 of the old Stamp Act continue in force for 3 months after the commencement day in relation to adhesive stamps that were affixed on instruments before that day.\n\n(3) If adhesive stamps affixed to an instrument have been cancelled in accordance with the old Stamp Act (including the provisions of the old Stamp Act continued in force by subsections (1) and (2)) the instrument is taken to have been endorsed in accordance with section 17C of the *Stamp Act* *1921*.\n\n44. Printing of “Stamp Duty Paid” on cheques (*Stamp Act 1921,* s. 52)\n\n(1) An authorisation of a financial institution granted under section 52 of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement made under the *Taxation Administration Act 2003*.\n\n(2) Any requirement that applied, immediately before the commencement day, to a person to whom an authorisation continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the authorisation was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.\n\n45. First home owners — reassessment (*Stamp Act 1921,* s. 75AG)\n\nDespite section 17(1) of the *Taxation Administration Act 2003*, if property that included a dwellinghouse was conveyed or transferred before the commencement day, an application for a reassessment of the duty payable on the conveyance or transfer on the basis that a rebate under section 75AG of the old Stamp Act should have been, but was not, allowed cannot be made more than 12 months after the date of the original assessment.\n\n46. Reassessment of duty on grant or transfer of vehicle licences (*Stamp Act 1921,* s. 76C(18) and (19), 76CA(3a) and 76CB(9))\n\n(1) This section applies in relation to a grant or transfer of a licence that occurred before the commencement day.\n\n(2) Despite section 17(1) of the *Taxation Administration Act 2003*, an application for a reassessment of the duty payable on the grant or transfer of a licence on the basis that the duty should not have been paid because —\n\n(a) in the case of a grant — no vehicle licence fee was payable under the *Road Traffic Act 1974* in respect of the licence; or\n\n(b) in the case of a transfer — had the transferee applied for the licence on the date of the transfer no vehicle licence fee would have been payable under the *Road Traffic Act 1974*,\n\ncannot be made more than 15 months after the licence was granted or transferred.\n\n(3) Despite section 17(1) of the *Taxation Administration Act 2003*, an application for a reassessment of the duty paid on the transfer of a licence on the basis that the duty should have been, but was not, charged in accordance with item 6 of the Second Schedule to the old Stamp Act because the transfer did not pass a beneficial interest, cannot be made more than 12 months after the licence was transferred.\n\n(4) Despite section 17(1) of the *Taxation Administration Act 2003*, an application for a reassessment of the duty payable on the grant or transfer of a licence on the basis that the duty should have been, but was not, assessed on the net market value of the vehicle (as defined in section 76CB of the old Stamp Act), cannot be made more than 12 months after the licence was granted or transferred.\n\n47. Alternative to stamping individual insurance policies (*Stamp Act 1921,* s. 95A)\n\n(1) A permission granted under section 95A of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement made under the *Taxation Administration Act 2003*.\n\n(2) Any requirement that applied, immediately before the commencement day, to a person to whom a permission continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the permission was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.\n\n48. Workers’ compensation insurance (*Stamp Act 1921*, s. 97 and item 16 of the Second Schedule)\n\n(1) Despite section 17(1) of the *Taxation Administration Act 2003*, an application for a reassessment of the duty payable on the issue or renewal of a policy of insurance that occurred before the commencement day on the basis that the duty was assessed under item 16(1)(a)(i) of the Second Schedule to the old Stamp Act but should have been assessed under item 16(1)(a)(ii), cannot be made more than 2 years after the beginning of the insurance policy’s cover period.\n\n(2) Despite the amendment of Schedule 2 item 16(1)(a) of the *Stamp Act 1921*, on and for 12 months after the commencement day —\n\n(a) the reference in Schedule 2 item 16(1)(a)(i)(A) to the *Pay-roll Tax Assessment Act 2002* includes a reference to the *Pay-roll Tax Assessment Act 1971*; and\n\n(b) the reference in Schedule 2 item 16(1)(a)(i)(B) to section 39 or 40 of the *Pay-roll Tax Assessment Act 2002* includes a reference to section 10 of the *Pay‑roll Tax Assessment Act 1971*.\n\n49. Payment of duty by returns (*Stamp Act 1921*, s. 112V)\n\n(1) A permission granted under section 112V of the old Stamp Act and in force immediately before the commencement day continues in force on and after that day as a special tax arrangement under the *Taxation Administration Act 2003.*\n\n(2) Any requirement that applied, immediately before the commencement day, to a person to whom a permission continued by subsection (1) had been granted (whether imposed by the old Stamp Act or as a condition to which the permission was subject), continues as a condition to which the special tax arrangement referred to in subsection (1) is subject.\n\n”.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nappointed 6(1)\n\nArchbishop 1A\n\nAssociation 1A\n\nBoard 1A\n\ncasual vacancy 6(1)\n\nmember 6(1)\n\nperiodical vacancy 6(1)\n\nSchool 1A\n\nTrustees 1A\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original purpose in the preamble was narrowly to establish a high school for boys and provide an education like other Grammar schools. Over time the Act has been extended and modernised to do more than create a school: it now creates a continuing corporate body with extensive property and financial powers (sale, lease, mortgage, borrowing and guarantees), sets out detailed governance arrangements (Board composition, appointment and removal, Visitor oversight), grants explicit tax and rating exemptions for school land, and ratifies a specific land surrender/agreement with the Crown (s 2, 5–13). Those additions broaden the instrument from a simple founding statute into a durable governance, property and fiscal framework for the school and connect it to contemporary statutes (Associations Incorporation Act 2015; Local Government Act 1995; Water Services Act 2012; Land Tax Act 2002)."},"complexity_factors":["Relatively short statute (13 operative sections plus definitions and compilation notes)","About 9 defined terms in the interpretation section (s 1A and defined terms list)","Board constitution and membership rules with dated transitional provisions and conditional term lengths (s 5–6) introducing some temporal complexity","Cross‑references to multiple modern Acts for management powers and tax/rating exemptions (Associations Incorporation Act 2015; Local Government Act 1995; Water Services Act 2012; Land Tax Act 2002) (ss 9, 12)","Visitor clause (s 7) confers broad discretionary powers tied to religious character — creates non‑statutory oversight dynamics to consider","Property and trust language presents a drafting tension: power to deal with property \"freed from any trusts imposed by this Act\" (s 8) set against express trust holding for school purposes (s 2)","Specific historical land agreement and authorised Order in Council (s 13) tying the Act to a particular land transaction","Simple decision‑making rules (quorum, voting) reduce procedural complexity (s 10)"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Establishes a corporate entity called \"The Governors of Hale School\" with perpetual succession and a common seal and gives it the usual powers of a corporation to hold, buy, sell and deal with property, to sue and be sued, and to receive gifts for the school (s 2).  \n- Constitutes the Board as an 11-member governing body: the Archbishop plus 5 members appointed by the Perth Diocesan Trustees and 5 by the Old Haleians’ Association (s 5).  \n- Sets out term lengths, how casual and periodical vacancies are filled, reappointment and removal powers, and that continuing members may act despite vacancies (s 6).  \n- Gives the Archbishop the role of Visitor with express powers to enter the school, inspect accounts and management, instruct pupils, prevent adoption of rules and correct acts or omissions to ensure the School remains an Anglican Church of Australia school (s 7).  \n- Authorises the Board to sell, lease, mortgage or otherwise deal with school property and to hold property on trust for the school (s 8; see s 2).  \n- Vests management and control of the school and of property in the Board and authorises the Board to exercise the powers given to incorporated associations under the Associations Incorporation Act 2015 (s 9).  \n- Prescribes Board meeting procedure: 6 members form a quorum; the Chair has only a deliberative vote (no casting vote); questions are decided by majority (s 10).  \n- Allows the Board to borrow money and to grant securities; the Perth Diocesan Trustees may guarantee borrowed money on terms they decide (s 11).  \n- Provides targeted tax and rate exemptions for land the Board holds and uses for the school (local government rates, certain water service charges, and land tax) (s 12).  \n- Approves and ratifies a specific 1958 agreement about surrender of particular Perth town lots to the Crown and authorises changing the reserve purpose to government use; authorises Parliament to appropriate money to meet the agreed price (s 13).\n\nOfficial stated purpose\n\n- The preamble states the Act was enacted to \"make provision for the establishment of a High School for the purpose of giving to Boys an education similar to that given in the Grammar and advanced schools in the other Australasian Colonies.\" That is the historical rationale for the instrument.\n\nWho is affected\n\n- The Governors of Hale School and its Board — the Act creates and empowers the corporate body and sets its internal governance rules (ss 2, 5–11).  \n- The Archbishop of Perth — who is automatically a Board member and Visitor with supervisory powers (ss 1A, 5, 7).  \n- The Perth Diocesan Trustees and the Old Haleians’ Association — each appoint 5 Board members and therefore control half of the appointing power (s 5).  \n- The school (pupils, staff and property) — through Board control over management, property dealings, borrowing and tax-status (ss 8–12).  \n- Local and state revenue collectors — certain rate and land tax revenues are disapplied for school land (s 12).  \n\nWhy it matters (concrete effects, costs, incentives and trade‑offs)\n\n- Grants the school ongoing corporate capacity and significant property and financial powers (ss 2, 8, 11). That reduces legal friction for property transactions, borrowing and long‑term asset management.  \n- Provides tax and rating exemptions (s 12), which lower the school’s operating costs. The exemption is a direct financial benefit (concentrated benefit to the school) and an opportunity cost to local government and state revenue streams.  \n- Board composition concentrates appointment and removal power in two external bodies (Trustees and Association) and the Archbishop (s 5, s 6(6)). That structure centralises governance decision‑making and means those appointing bodies and the Archbishop can shape school policy by selecting and removing governors.  \n- The Archbishop’s Visitor role gives ecclesiastical oversight with express power to prevent rules and to \"correct\" acts so the school \"shall be and forever remain an Anglican Church of Australia School\" (s 7). This creates a formal limit on the Board’s discretion to secularise or change denominational character.  \n- Allowing the Board to borrow and to have borrowings guaranteed by the Trustees creates credit leverage opportunities but also potential contingent liability for the Trustees (s 11). The Act leaves guarantee terms to the Trustees’ discretion, concentrating decision authority and exposing that body to financial risk if it chooses to guarantee.  \n- The Act has been modernised by references to current statutes (for management and some exemptions), so its operational effect now depends on interaction with other legislation (Associations Incorporation Act 2015; Local Government Act 1995; Water Services Act 2012; Land Tax Act 2002). Those cross‑references mean implementation depends on up‑to‑date interpretation of those modern Acts (ss 9, 12).  \n\nImplementation, compliance and practical risk\n\n- Administrative burden on the Board is typical for an incorporated school (meetings, record‑keeping, property dealings, borrowing governance).  \n- The Visitor’s ability to inspect accounts and management creates an additional internal accountability channel to the Archbishop (s 7).  \n- There is a potential tension in the text: the Board may \"freed from any trusts imposed by this Act, sell, lease...\" (s 8) yet s 2 and s 8 together maintain that property is held on trust for school purposes; in practice this requires the Board to act consistently with the school’s charitable and educational objectives when disposing of assets.  \n\nWhat the Act does not do\n\n- It does not set curricula, staff terms and conditions, student admissions policy in detail; those are left to the Board and applicable education and employment laws.  \n- It does not create a public funding stream for the school; it provides corporate form, property and tax settings and governance rules.\n\nKey sections cited: ss 1A, 2, 5–12, 13 (referenced throughout)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The submission contains no legislative text — only a broken-link error page from the Western Australian legislation website. No comparison between original intent and current scope is possible."},"complexity_factors":["No legislative content was provided — only a website error message was submitted for analysis","It is impossible to assess legal complexity without the actual text of the legislation","The score of 1 reflects the simplicity of the error page itself, not any assessment of the underlying Act"],"plain_english_summary":"**No legislation content is available for analysis.**\n\nThe page that was supposed to contain *The High School Act 1876* (Western Australia) is no longer accessible — the link is broken and the content has not loaded. What has been provided is an error page from the Western Australian legislation website, explaining that the page has moved due to system upgrades.\n\n**What this means for you:** No analysis of the actual law can be provided based on this content. If you need to read or understand *The High School Act 1876*, try:\n- Navigating directly to the [Western Australian legislation website](https://www.legislation.wa.gov.au) and searching for the Act by name\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the error page"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally enacted as 'The High School Act 1876' to establish a single high school for boys in Perth, the legislation has evolved significantly. The 1958 amendments renamed it Hale School, entrenched Anglican Church control through the Visitor power, and added the tax exemption provisions. The 1994 amendments significantly broadened stakeholder involvement by adding the Old Haleians' Association as a co-equal appointing body alongside the church trustees, transforming governance from purely church-controlled to a shared church-alumni model. The original simple purpose of establishing a school has expanded to include complex property dealings, borrowing powers, and specific land agreements (Reserve A3421)."},"complexity_factors":["Short statute with only 13 sections (2 of which were deleted)","Only 7 defined terms in the interpretation section","Minimal cross-referencing - primarily references to the Associations Incorporation Act 2015 for procedural matters","Straightforward governance structure with clear appointment mechanisms","Simple conditional logic limited to transitional provisions for board terms in section 6","Historical baggage includes repealed sections and name changes, but current text is clean","No nested exceptions or complex conditional chains in operative provisions"],"plain_english_summary":"This is Western Australia's **Hale School Act 1876**, which establishes and governs one of the state's oldest private schools.\n\n**What it does:**\n- Creates a legal body called \"The Governors of Hale School\" (the Board) to own property and run the school\n- Sets up an 11-member board with specific representation: the Anglican Archbishop of Perth, 5 members appointed by church trustees, and 5 appointed by the Old Haleians' Association (the alumni group)\n- Gives the Archbishop special oversight powers as \"Visitor\" to ensure the school remains Anglican\n- Allows the Board to buy, sell, lease, and mortgage property for school purposes\n- Exempts school land from council rates, water charges, and land tax\n- Authorises the Board to borrow money for school development\n\n**Who it affects:**\n- Hale School itself (formerly Perth High School, renamed in 1958)\n- The Anglican Church of Australia (Perth Diocese)\n- The school's alumni association\n- Current and future students and families\n\n**Why it matters:**\nThis is a rare example of a specific private school having its own Act of Parliament. Unlike most schools that operate under general incorporation laws, Hale School has bespoke legislation dating back to 1876 that entrenches its Anglican character and gives the church significant control. The Act has been updated over nearly 150 years to modernise governance (adding the alumni association to the board in 1994, for instance) while preserving the school's religious foundation and tax-exempt status."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/the-high-school-act-1876","history":"/api/acts/the-high-school-act-1876/history","analysis":"/api/acts/the-high-school-act-1876/analysis","conflicts":"/api/acts/the-high-school-act-1876/conflicts","importantCases":"/api/acts/the-high-school-act-1876/important-cases","documents":"/api/acts/the-high-school-act-1876/documents"}}