Western Australian Current Acts Western Australian Current Acts (1) Any proceedings
for an offence committed under the 2021 Act (including regulations made under
that Act) before repeal day may be continued, or commenced, on or after repeal
day as if the 2021 Act (including regulations made under that Act) had not
been repealed, and a person may be punished for the offence accordingly.
(2) Without limiting
subsection (1), the following provisions of the 2021 Act apply in relation to
any proceedings that are continued or commenced as referred to in subsection
(1) as if the 2021 Act (including regulations made under that Act) had not
been repealed —
(a) Part
5 Division 3;
(b)
section 258;
(c)
section 261;
(d)
section 262;
(e) Part
11 Divisions 3 and 4.
(3) For the purposes
of subsection (1), proceedings may be continued or commenced by the chief
executive officer of the Department or a person authorised by that chief
executive officer.
(4) Subsection (3)
does not limit the ability of a person to commence or continue proceedings if
the person has authority at law to do so.
(5) Despite subsection
(2)(b), section 258(2) of the 2021 Act does not apply, but if the seized thing
is an Aboriginal object (as was defined in section 11 of the 2021 Act) —
(a) the
court’s power under section 258(1) of the 2021 Act is limited to
ordering the forfeiture of the object to the State and that the object be
transferred into the custody of the Committee; and
(b) if
the object is so transferred — despite the repeal of the 2021 Act, the
Committee may then deal with the object in accordance with section 66(a) to
(c) of the 2021 Act as in force before repeal day (and as if references in
those paragraphs to the ACH Council were references to the Committee).
(6) For the purposes
of subsection (5), it does not matter if the seized thing is not a secret or
sacred object (as was defined in section 11 of the 2021 Act).
(7) This section
applies despite The Criminal Code section 11.
[Section 84 inserted: No. 23 of 2023 s. 23.]