{"id":"wadc-and-wa-exim-corporation-repeal-act-1998","name":"WADC and WA Exim Corporation Repeal Act 1998","slug":"wadc-and-wa-exim-corporation-repeal-act-1998","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110976,"registerId":"wa-wadc-and-wa-exim-corporation-repeal-act-1998-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"WADC and WA Exim Corporation Repeal Act 1998","content":"![Crest]()Western Australia\n\nWADC and WA Exim Corporation Repeal Act 1998\n\nWestern Australia\n\nWADC and WA Exim Corporation Repeal Act 1998\n\nContents\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Interpretation 2\n\n4. Repeal of the *Western Australian Development Corporation Act 1983* 3\n\n5. Repeal of the *Western Australian Exim Corporation Act 1986* 3\n\n6. Act does not apply to certain assets, liabilities etc. 3\n\n7. Interpretation Act to apply 3\n\n8. Consequential amendments 3\n\nSchedule 1 — Transition\n\n1. Clauses subject to section 6 4\n\n2. Assets, liabilities etc. to vest in the State 4\n\n3. Records 4\n\n4. Disposal of property and discharge of liabilities 4\n\n5. Shares 5\n\n6. Agreements and instruments 5\n\n7. Proceedings etc. 6\n\n8. Annual report for part of a year 6\n\nSchedule 2 — Consequential amendments\n\n1. Constitution Acts Amendment Act 1889 8\n\n2. Financial Administration and Audit Act 1985 8\n\n3. Government Employees Superannuation Act 1987 8\n\n4. Statutory Corporations (Liability of Directors) Act 1996 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nWADC and WA Exim Corporation Repeal Act 1998\n\nAn Act to:\n\n• repeal the *Western Australian Development Corporation Act 1983* and the *Western Australian Exim Corporation Act 1986*;\n\n• make transitional provisions with respect to assets and liabilities and other matters; and\n\n• consequentially amend other Acts.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis Act may be cited as the *WADC and WA Exim Corporation Repeal Act 1998.*\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent.\n\n##### 3. Interpretation\n\nIn this Act, unless the contrary intention appears —\n\ncommencement day means the day on which this Act comes into operation;\n\nExim means the Western Australian Exim Corporation established by the *Western Australian Exim Corporation Act 1986* and includes a body corporate that is a wholly owned subsidiary of Exim as determined under the Corporations Law;\n\nliability means any liability, duty or obligation —\n\n(a) whether actual, contingent or prospective, liquidated or unliquidated; or\n\n(b) whether owed alone or jointly or jointly and severally with any other person;\n\nproperty means property and assets of every description, and includes securities, rights and powers of every description;\n\nTreasurer means the Treasurer of the State;\n\nWADC means the Western Australian Development Corporation established by the *Western Australian Development Corporation Act 1983* and includes a body corporate that is a wholly owned subsidiary of the WADC as determined under the Corporations Law.\n\n##### 4. Repeal of the *Western Australian Development Corporation Act 1983*\n\n(1) The *Western Australian Development Corporation Act 1983* is repealed.\n\n(2) Schedule 1 has effect with respect to the assets and liabilities of, and other matters relating to, the WADC.\n\n##### 5. Repeal of the *Western Australian Exim Corporation Act 1986*\n\n(1) The *Western Australian Exim Corporation Act 1986* is repealed.\n\n(2) Schedule 1 has effect with respect to the assets and liabilities of, and other matters relating to, Exim.\n\n##### 6. Act does not apply to certain assets, liabilities etc.\n\nThis Act has effect subject to section 51 of the *Western Australian Land Authority Act 1992*, in particular —\n\n(a) subsections (7) and (10) of that section by which the Western Australian Land Authority is made the successor to the WADC in respect of certain property, liabilities, records, things commenced, proceedings and remedies; and\n\n(b) subsection (9) of that section by which the Western Australian Land Authority is substituted for the WADC as a party to, or in references to the WADC in, certain agreements and instruments.\n\n##### 7. Interpretation Act to apply\n\nWith respect to the repeals effected by sections 4 and 5, this Act is supplementary to, and does not displace the operation of, the *Interpretation Act 1984*.\n\n##### 8. Consequential amendments\n\nAmendments are made as set out in Schedule 2.\n\nSchedule 1 — Transition\n\n[ss. 4, 5]\n\n1. Clauses subject to section 6\n\nClauses 2, 3, 6 and 7 of this Schedule are subject to section 6 of this Act.\n\n2. Assets, liabilities etc. to vest in the State\n\nOn the commencement day —\n\n(a) any property of the WADC and any property of Exim whether within or outside the State, and all claims, rights and remedies of the WADC and Exim in respect of the property, vest in the State; and\n\n(b) the State becomes liable to pay, bear or discharge all the liabilities of the WADC and all the liabilities of Exim that are properly payable.\n\n3. Records\n\nOn the commencement day the Treasurer is to take delivery of all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the operations of the WADC and Exim.\n\n4. Disposal of property and discharge of liabilities\n\n(1) Where by force of this Act an estate or interest in property of a beneficial nature, and not merely held in trust, is vested in the State, whether solely or together with any other person, the Treasurer, on behalf of the State, may get in, sell or otherwise dispose of, or deal with, that estate or interest or any part of that estate or interest as the Treasurer thinks fit.\n\n(2) Any moneys vested in, or obtained or collected by, the State or the Treasurer on behalf of the State under this Act are to be paid into the Consolidated Fund.\n\n(3) Where by force of this Act a liability becomes a liability of the State, the Treasurer, on behalf of the State, may do anything that is necessary or convenient for the purpose of paying or discharging the liability or arranging for it to be compounded or compromised.\n\n(4) The moneys required by the Treasurer to defray the costs and expenses of and incidental to the exercise of his or her powers under this Act, and in making payments authorized by this Act, are charged to the Consolidated Fund which is appropriated accordingly.\n\n5. Shares\n\nOn the commencement day all shares issued to the Treasurer under section 20 of the *Western Australian Development Corporation Act 1983* and section 30 of the *Western Australian Exim Corporation Act 1986* are cancelled and all rights attached to the shares are extinguished.\n\n6. Agreements and instruments\n\n(1) Any agreement or instrument subsisting immediately before the commencement day —\n\n(a) to which the WADC was a party; or\n\n(b) which contains a reference to —\n\n(i) the WADC; or\n\n(ii) a trading name used by the WADC,\n\nhas effect after that day as if —\n\n(c) the State were substituted for the WADC as a party to the agreement or instrument; and\n\n(d) any reference in the agreement or instrument to the WADC or a trading name of the WADC were (unless the context otherwise requires) a reference to the State.\n\n(2) Any agreement or instrument subsisting immediately before the commencement day —\n\n(a) to which Exim was a party;\n\n(b) to which Exim was deemed under section 41(17) of the *Western Australian Exim Corporation Act 1986* to be a party; or\n\n(c) which contains a reference to —\n\n(i) Exim;\n\n(ii) The Western Australian Exim Corporation Ltd or a body subsidiary to or associated with The Western Australian Exim Corporation Ltd;\n\n(iii) the Western Australian Overseas Projects Authority; or\n\n(iv) a trading name used by Exim,\n\nhas effect after that day as if —\n\n(d) the State were substituted for Exim as a party to the agreement or instrument; and\n\n(e) any reference in the agreement or instrument to a body referred to in paragraph (c) were (unless the context otherwise requires) a reference to the State.\n\n7. Proceedings etc.\n\nAny legal or other proceedings or any remedies that might, but for this Act, have been commenced, continued, discontinued or available by or against or to the WADC or Exim may be commenced, continued, discontinued, and are available, by or against or to the State, as the case requires.\n\n8. Annual report for part of a year\n\n(1) The accountable authority, as defined in the *Financial Administration and Audit Act 1985*, of the WADC is to report in respect of the WADC as required by section 66 of that Act, but limited to the period from the preceding 1 July to the commencement day, and Division 14 of Part II of that Act applies as if that period were a full financial year.\n\n(2) The WADC and the accountable authority of the WADC continue in existence for the purpose of subclause (1) only.\n\n(3) The accountable authority, as defined in the *Financial Administration and Audit Act 1985*, of Exim is to report in respect of Exim as required by section 66 of that Act, but limited to the period from the preceding 1 July to the commencement day, and Division 14 of Part II of that Act applies as if that period were a full financial year.\n\n(4) Exim and the accountable authority of Exim continue in existence for the purpose of subclause (3) only.\n\n(5) On the commencement day —\n\n(a) the members of the Board of directors of the WADC and the members of the Board of directors of Exim cease to hold office;\n\n(b) the Boards are to be constituted by a person appointed by the Minister; and\n\n(c) the functions referred to in subclauses (1) and (3) are to be performed through that person.\n\n(6) A person referred to in subclause (5) (b) —\n\n(a) holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines; and\n\n(b) has the powers that are necessary or convenient for the purposes of subclauses (1) and (3).\n\n(7) The Treasurer is to arrange for the provision of such clerical and other assistance as is reasonably required for the purpose of subclauses (1) and (3).\n\nSchedule 2 — Consequential amendments\n\n[s. 8]\n\n1. Constitution Acts Amendment Act 1889\n\nPart 3 of Schedule V to the *Constitution Acts Amendment Act 1899* is amended by deleting the items relating to —\n\n(a) the Board of Directors of the WADC; and\n\n(b) the Western Australian Overseas Projects Authority.\n\n2. Financial Administration and Audit Act 1985\n\nSchedule 1 to the *Financial Administration and Audit Act 1985* is amended by deleting the items relating to —\n\n(a) the WADC; and\n\n(b) Exim.\n\n3. Government Employees Superannuation Act 1987\n\nPart B of Schedule 1 to the *Government Employees Superannuation Act 1987* is amended by deleting the item “Western Australian Development Corporation (on and from 31 March 1991)”.\n\n4. Statutory Corporations (Liability of Directors) Act 1996\n\nSchedule 1 of the *Statutory Corporations (Liability of Directors) Act 1996* is amended by deleting the item relating to the WADC.\n\nNotes\n\n1 This is a compilation of the *WADC and WA Exim Corporation Repeal Act 1998* and includes the amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *WADC and WA Exim Corporation Repeal Act 1998* | 30 of 1998 | 30 Jun 1998 | 30 Jun 1998 (see s. 2) |\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\ncommencement day 3\n\nExim 3\n\nliability 3\n\nproperty 3\n\nTreasurer 3\n\nWADC 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full legislative text is inaccessible. The title suggests a focused repeal of two specific government corporations, which is a narrow and defined legislative purpose. No evidence of scope change can be confirmed or denied."},"complexity_factors":["Insufficient content available to assess true legal complexity — only a page error message was retrieved","Repeal Acts are generally straightforward in structure, typically winding up bodies and transferring obligations","Transitional provisions in repeal legislation can add moderate complexity, but these cannot be assessed here","Dual-body repeal may involve coordination between two separate legislative frameworks"],"plain_english_summary":"The WADC and WA Exim Corporation Repeal Act 1998 abolished two Western Australian government corporations—likely the Western Australian Development Corporation and the WA Export‑Import Corporation—winding up their operations and removing the statutes that created them. It would have affected businesses, employees, creditors, debtors and contracting parties by addressing transfer of assets, liabilities and the legal consequences of dissolution."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's scope is limited to repealing the two statutory corporations and providing transitional arrangements for vesting assets, liabilities, records, contracts and proceedings in the State, plus related consequential amendments (ss.4–5; Sch.1; Sch.2). Section 6 preserves the effect of the WA Land Authority Act 1992 s.51 for specified items, so the Act does not expand beyond those repeal and vesting functions."},"complexity_factors":["Repeal plus transitional vesting of all property, rights and liabilities in the State (Sch.1 cl.2)","Broad Treasurer discretion to deal with vested property, discharge or compromise liabilities, and charge costs to the Consolidated Fund (Sch.1 cl.4(1)–(4))","Substitution of the State into existing agreements and proceedings (Sch.1 cl.6–7)","Cancellation of issued shares and extinguishment of attached rights (Sch.1 cl.5)","Exception and overlap with Western Australian Land Authority successor provisions (s.6 referring to WA Land Authority Act 1992 s.51)","Temporary continuation of corporate bodies for limited reporting purposes and Ministerial appointment powers (Sch.1 cl.8(1)–(7))","Consequential amendments across multiple Acts to remove references to the repealed bodies (s.8; Sch.2)"],"plain_english_summary":"This Act repeals the Western Australian Development Corporation Act 1983 and the Western Australian Exim Corporation Act 1986 and transfers their property, rights and liabilities to the State. The Treasurer must take custody of records and may sell or otherwise deal with vested property; proceeds are paid into the Consolidated Fund (Sch.1 cl.2–5).\n\nBoards cease and a Minister‑appointed person handles final reporting; existing contracts, proceedings and shares are treated as if the State were substituted as party and shares are cancelled. The operation is subject to the Land Authority successor rules (s.6; Sch.1 cl.6–7)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the two corporation Acts and managing the transition of their affairs to the State. The scope has not expanded beyond this winding-up function."},"complexity_factors":["Short statute (8 sections plus 2 schedules)","Only 5 defined terms in the interpretation section","Straightforward vesting mechanism (assets/liabilities transfer to State on commencement day)","Limited conditional logic—primarily subject-to clauses in Schedule 1 clause 1","Cross-references are minimal and explicit (mainly to the Interpretation Act 1984 and specific sections of other Acts)","Single layer of exceptions (section 6 exclusion for certain assets/liabilities handled by Western Australian Land Authority)","Consequential amendments are simple deletions from schedules of other Acts"],"plain_english_summary":"This law shuts down two Western Australian government-owned businesses: the Western Australian Development Corporation (WADC) and the Western Australian Exim Corporation (Exim). These were state-owned companies that handled development projects and export-import financing.\n\n**What it does:**\n- **Repeals (cancels)** the two laws that created these corporations, effectively winding them up\n- **Transfers all their property, money, debts, and legal obligations** to the Western Australian State government\n- **Hands over all their records** to the State Treasurer\n- **Allows the Treasurer to sell off assets** and pay off any debts\n- **Cancels all shares** that the Treasurer held in these companies\n- **Transfers all contracts and legal agreements** from the corporations to the State, so the State steps into their shoes\n- **Allows any ongoing court cases** to continue against the State instead of the corporations\n- **Requires final financial reports** to be prepared for the period up to when the Act took effect\n- **Makes technical updates** to other laws that mentioned these corporations\n\n**Who it affects:**\n- Anyone who had contracts with WADC or Exim (now dealing with the State instead)\n- Anyone owed money by or who owed money to these corporations\n- Anyone involved in legal proceedings with these corporations\n- State government agencies that need to manage the transferred assets and records\n\n**Why it matters:**\nThis is a **corporate cleanup** law. It ensures that when the government decides to abolish these statutory corporations, there's a smooth legal transition—debts don't disappear, contracts don't become void, and someone (the State) remains responsible for ongoing obligations. It prevents legal chaos by making sure there's always a 'legal person' (the State) standing behind the corporations' commitments."}},"importantCases":[],"_links":{"self":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998","history":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998/history","analysis":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998/analysis","conflicts":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998/conflicts","importantCases":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998/important-cases","documents":"/api/acts/wadc-and-wa-exim-corporation-repeal-act-1998/documents"}}