Other notes
Other notes Other notes
1M Under the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 Pt. 3, this Act must be applied with the modifications set out in that Part. Those modifications have effect on and from 15 Aug 2015 until that Part expires in accordance with s. 15 of that Act.
2 The provisions in this Act amending these Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).
3 Repealed by the National Rail Corporation Agreement Repeal Act 1999 s. 3.
4 Now known as the Railways (Access) Act 1998; short title changed (see note under s. 1).
5 The Railways (Access) Amendment Act 2000 s. 13 repealed the Rail Freight System Act 2000 s. 89.
6 The Economic Regulation Authority Act 2003 s. 63(1), which gives effect to Sch. 3, reads as follows:
“
63. Transitional and saving provisions
Schedule 3 has effect to make transitional and saving provisions in respect of the amendments made in Schedule 2 Divisions 8, 12 and 18.
”.
Schedule 3 reads as follows:
“
Schedule 3 — Transitional and saving provisions for amendments in Schedule 2 Divisions 8, 12 and 18
[s. 63(1)]
1. Definitions
In this Schedule —
commencement day means the day on which this Schedule comes into operation;
former official means —
the Coordinator of Water Services referred to in section 4 of the Water Services Coordination Act 1995 as in effect immediately before the commencement day;
the Gas Pipelines Access Regulator; or
the Rail Access Regulator;
Gas Pipelines Access Regulator means the Western Australian Independent Gas Pipelines Access Regulator referred to in section 27 of the Gas Pipelines Access (Western Australia) Act 1998 as in effect immediately before the commencement day;
Rail Access Regulator means the Western Australian Independent Rail Access Regulator referred to in section 13 of the Railways (Access) Act 1998 as in effect immediately before the commencement day.
2. Interpretation Act 1984 to apply
This Schedule does not limit the operation of the Interpretation Act 1984.
3. Decisions of Gas Pipelines Access Regulator
Without limiting the operation of clause 6, a decision made by the Gas Pipelines Access Regulator as the local Regulator for the purposes of the Gas Pipelines Access (Western Australia) Law that was in effect immediately before the commencement day continues, on and after that day, as if made by the Authority as the local Regulator for the purposes of that Law.
4. Decisions of Rail Access Regulator
Without limiting the operation of clause 6, a decision made by the Rail Access Regulator as the Regulator for the purposes of the Code (as defined in the Railways (Access) Act 1998) that was in effect immediately before the commencement day continues, on and after that day, as if made by the Authority as the Regulator for the purposes of that Code.
5. Licences under Part 3 of the Water Services Coordination Act 1995
Without limiting the operation of clause 6, an operating licence that was in effect under Part 3 of the Water Services Coordination Act 1995 immediately before the commencement day continues, on and after that day, as an operating licence in effect under that Part as amended by Schedule 2 Division 18.
6. Continuing effect of things done
On and after the commencement day any act, matter or thing done or omitted to be done before that day by, to, or in respect of, a former official (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to, or in respect of, the Authority.
7. Completion of things begun
On and after the commencement day anything lawfully commenced by a former official may, so far as it is not contrary to this Act or any other written law that gives functions to the Authority, be carried on and completed by the Authority.
8. Proceedings etc.
Any proceedings or remedy that immediately before the commencement day might have been brought or continued by or available against or to a former official, may, on and after that day, be brought or continued and are available, by or against or to the Authority.
9. Records
On and after the commencement day the Authority 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 former official.
10. Bank accounts
The moneys standing to the credit of the account referred to in section 45 of the Gas Pipelines Access (Western Australia) Act 1998 immediately before the commencement day are to be transferred to the account referred to in section 21 as soon as is practicable after that day.
The moneys standing to the credit of the account referred to in section 23D of the Railways (Access) Act 1998 immediately before the commencement day are to be transferred to the account referred to in section 21 as soon as is practicable after that day.
11. References to former official in agreements and instruments
Any agreement or instrument subsisting immediately before the commencement day —
to which a former official is a party; or
which contains a reference to a former official,
has effect after the commencement day as if —
the Authority were substituted for the former official as a party to the agreement or instrument; and
any reference in the agreement or instrument to the former official were (unless the context otherwise requires) amended to be or include a reference to the Authority.
12. References to former official in written law
A reference to a former official in an enactment in force immediately before the commencement day may, where the context so requires, be read as if it had been amended to be a reference to the Authority.
13. Immunity to continue
Despite the amendments made in Schedule 2 Divisions 8, 12 and 18, where a former official had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, that immunity continues in that respect for the benefit of the Authority.
14. Saving
The operation of any provision of this Schedule is not to be regarded —
as a breach of contract or confidence or otherwise as a civil wrong;
as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities of the disclosure of information;
as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability;
as causing any contract or instrument to be void or otherwise unenforceable; or
as releasing or allowing the release of any surety.
”.
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