1Short title
This Act may be cited as the Rural Business Development Corporation Act 2000 1.
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Bill homepageThis Act may be cited as the Rural Business Development Corporation Act 2000 1.
This Act comes into operation on a day fixed by proclamation 1.
The objects of this Act are to preserve and continue a body corporate as the Rural Business Development Corporation and to confer functions on the Corporation relating to the provision of financial assistance to foster the development of rural businesses.
In this Act, unless the contrary intention appears —
approved assistance scheme has the meaning given in section 30;
board means the Corporation’s board of directors established by section 12;
chairman means the person appointed and holding office under section 12(4) as the chairman of the board;
chief executive officer means the person appointed and holding office under section 19 as the Corporation’s chief executive officer;
Corporation means the body corporate preserved and continued by section 5;
director means a director of the board, and includes the chairman;
Minister for Lands means the Minister to whom the administration of the Land Administration Act 1997 is for the time being committed;
officer of the Corporation means the chief executive officer or a person whose services are used by the Corporation under section 22;
repealed Act means the Rural Adjustment and Finance Corporation Act 1993.
The body corporate preserved and continued by section 4(1) of the repealed Act under the name “Rural Adjustment and Finance Corporation of Western Australia” is preserved and continued under the name “Rural Business Development Corporation”.
The corporate identity and the rights and obligations of the Corporation are not affected by the operation of subsection (1) or by the repeal of the repealed Act.
The Corporation has perpetual succession and a common seal.
Proceedings may be taken by or against the Corporation in its corporate name.
The Corporation may use, and operate under, one or more trading names approved by the Minister.
A trading name can be —
an abbreviation or adaptation of the Corporation’s corporate name; or
a name other than the Corporation’s corporate name.
The Corporation is an agent of the Crown in right of the State and has the status, immunities, and privileges of the Crown.
The Corporation’s functions are —
to administer approved assistance schemes and to ensure that such schemes administered by the Corporation are properly and fairly administered;
to give directly the financial assistance to be given under approved assistance schemes administered by the Corporation;
to provide moneys to a department of the Public Service, or to an agency or instrumentality of the Crown, for the purposes of the financial assistance to be given under an approved assistance scheme administered by the department, agency or instrumentality;
to carry out research into, and develop policies on, issues affecting persons likely to be given financial assistance under this Act;
to review and give advice to the Minister on —
proposed assistance schemes;
the implementation of approved assistance schemes; and
economic and other conditions in the rural sector;
to perform other functions given to the Corporation under this Act or another Act; and
to perform any other functions that may be prescribed.
An approved scheme administered by a department, agency or instrumentality referred to in subsection (1)(c) is not administered on behalf of the Corporation.
The Corporation may delegate the performance of any of its functions under this Act, other than this power of delegation, to the chief executive officer or a director.
The delegation of a function to the chief executive officer may authorise the chief executive officer to subdelegate the function to any other officer of the Corporation or any other person in accordance with any conditions specified in the delegation.
A function performed by a delegate or subdelegate is taken to be performed by the Corporation.
A delegate or subdelegate performing a function under this section is taken to do so in accordance with the terms of the delegation or subdelegation unless the contrary is shown.
Sections 58 and 59 of the Interpretation Act 1984 apply to a subdelegation under subsection (2) as though it were a delegation.
A delegation or subdelegation is to be in writing.
The Corporation has all the powers it needs to perform its functions.
Without limiting section 9, the Corporation may, to the extent and in the manner that is contemplated by and necessary for the administration by the Corporation of an approved assistance scheme —
acquire and hold real and personal property; and
sell, lease, grant, exchange or otherwise deal with or dispose of real or personal property on the terms and conditions that it considers appropriate.
In this section —
Registrar means the Registrar of Titles or Registrar of Deeds and Transfers, according to which of them is responsible for registering or otherwise acting on a dealing referred to in subsection (2).
If, under an approved assistance scheme, the Corporation disposes of an estate or interest in land to a person, the Corporation may deliver a memorial of that disposal to the Registrar who is to register the memorial and make appropriate endorsements on the title and records relating to that land.
If a memorial is registered under subsection (2), the Registrar is not to register or accept for registration without the Corporation’s consent, except as stated in subsection (4), an instrument effecting —
a transfer or assignment of the estate or interest in land; or
a lease of the land.
Subsection (3) does not prohibit the Registrar from registering or accepting for registration an instrument referred to in that subsection if —
the Corporation gives to the Registrar an appropriate authorisation signed by the chairman; and
the Registrar endorses the title and records relating to the land accordingly.
[Section 11 amended: No. 47 of 2011 s. 16.]
The Corporation is to have a board of directors.
The board is to consist of 5 directors appointed by the Minister.
A person appointed as a director is, in the Minister’s opinion, to have —
qualifications and experience in financial management relevant to the Corporation’s functions; or
other qualifications and experience relevant to those functions.
One of the directors is to be appointed by the Minister as the Corporation’s chairman.
The chief executive officer is not eligible to be appointed as, or be, a director.
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