Perth Market (Disposal) Act 2015

In this section —

the Authority;

a statutory corporation;

a corporate vehicle;

the State;

a Minister or chief executive officer who is constituted, or continued in existence, as a body corporate under an Act; or

any other body corporate that is constituted, or continued in existence, under an Act.

For the purposes of a section 9 disposal, the Minister may, by order published in the Gazette (a transfer order), specify all or any of the following —

a time (which must be after the day on which the order is published in the Gazette) that is the transfer time under the transfer order;

any asset or liability that, by operation of section 22, is to be transferred from the Authority, a corporate vehicle or the State as specified in the order (the transferor) to a corporate vehicle or a private entity as specified in the order (the transferee);

proceedings in which, by operation of section 22, the transferee is to be substituted for the transferor as a party;

any agreement or instrument relating to anything transferred that, by operation of section 22, is to have effect as if, unless otherwise expressly specified in the order, references to the transferee were substituted for references to the transferor in the agreement or instrument.

If the transfer time is specified by reference to when a thing is done, the Minister must ensure that notice of the time when the thing is done is published in the Gazette.

A transfer order may specify persons or things by reference to schedules that —

need not be published in the Gazette; but

must be available for public inspection on business days at the place and between the times specified in the transfer order for 6 months after the day on which the transfer order is published in the Gazette.

For subsection (4)(b), a business day is a day other than a Saturday, Sunday or public holiday.

A person or thing specified in a schedule for a transfer order is to be taken to be specified in the transfer order.

A person or thing may be specified in a transfer order by describing the person or thing as a member of a class.

Before a transfer order is made specifying anything by reference to a schedule, the Minister must consult each relevant official to whom a copy of the schedule must be given under section 26(2) about the form and content of the schedule for the purpose of facilitating the recording and registration of instruments or documents as required by section 26(3)(b).

The Minister may, by order published in the Gazette, amend a transfer order or a schedule for a transfer order, but only —

before the transfer time; and

with the consent of the transferee.