60BTerritory transition

60B Territory transition

(1) If probate of a will or the administration of an estate in the Territory: (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992; then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act. (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.

Part 2—Associations Incorporation Act 1987 (W.A.)(C.I.)

1 Section 3 (Interpretation)

1.1 Subsection 3(1):

Insert the following definitions:

Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.

repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.

2 Section 30 (Voluntary winding up)

2.1 Subsection 30(4):

Omit the subsection, substitute:

(4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.

3 Section 31 (Winding up by Court)

3.1 Subsection 31(3):

Omit the subsection, substitute:

(3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.

4 New sections 48A, 48B and 48C

4.1 After section 48, insert: