Public Transport Authority Act 2003

At the commencement time —

every asset is, by operation of this section, assigned to the Authority;

every liability is, by operation of this section, assigned to and becomes a liability of the Authority; and

the Authority is, by operation of this section, substituted for a former body as a party to any proceedings.

Any agreement or instrument has effect, by operation of this section, as if a reference to the Authority were, at the commencement time, substituted for a reference to the former body in the agreement or instrument, unless in the context it would be inappropriate to make the substitution.

Any proceedings or remedy that might have been commenced by, or available against or to, a former body in relation to an asset or liability assigned by subsection (1) may be commenced by, or are available against or to, the Authority.

Anything relating to an asset or liability assigned by subsection (1) that was done or omitted to be done by, to, or in respect of, a former body before the assignment and is of any effect is to be taken to have been done or omitted by, to, or in respect of, the Authority.

Crown land that, immediately before the commencement time, was vested in the Minister for Western Australian Government Railways by the Government Railways Act 1904 section 4(1) is to be regarded as if it had, at that time —

been reserved under the Land Administration Act 1997 section 41 for the purposes of performing the Authority’s functions under this Act or the Government Railways Act 1904; and

under the Land Administration Act 1997 section 46, been placed under the care, control, and management of the Authority for those purposes.

Government railways, other than Crown land, that, immediately before the commencement time, were vested in the Minister for Western Australian Government Railways by the Government Railways Act 1904 section 4(1) become at that time the property of the Authority.

The reference in subsection (6) to Government railways other than Crown land includes a reference to anything that is on Crown land.

Subsections (5) and (6) do not limit the assignment by subsection (1) to the Authority of any asset belonging immediately before the commencement time to a former body.