Local Government Act 1995
20The *Local Government Amendment Act 2004* s. 14, which gives effect to Sch. 2, reads as follows:
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20 The Local Government Amendment Act 2004 s. 14, which gives effect to Sch. 2, reads as follows:
- Transitional and validation provisions — Schedule 2
Schedule 2 has effect.
Schedule 2 reads as follows:
Schedule 2 — Transitional and validation provisions — WALGA
[s. 14]
- Interpretation
anything done means anything done, or omitted, or purported to be done or omitted;
commencement means the commencement of section 10;
body previously constituted under section 9.58 means a body constituted under section 9.58 of the Local Government Act 1995 before the commencement;
WALGA means the Western Australian Local Government Association constituted under section 9.58 of the Local Government Act 1995 after the commencement.
- WALGA successor in law to bodies previously constituted under section 9.58
(1) On the commencement, WALGA becomes the successor in law of each body previously constituted under section 9.58.
(2) In particular —
(a) each body previously constituted under section 9.58 is dissolved;
(b) the property of each body previously constituted under section 9.58 becomes the property of WALGA;
(c) all assets, liabilities, rights and duties of the body previously constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA;
(d) any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under section 9.58, may be brought or continued and are available, by or against or to WALGA;
(e) WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of each body previously constituted under section 9.58.
- Agreements and instruments
Any agreement or instrument subsisting immediately before the commencement —
(a) to which a body previously constituted under section 9.58 was a party; or
(b) which contains a reference to a body previously constituted under section 9.58,
has effect after the commencement as if —
(c) WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA.