Western Australian Current Acts Western Australian Current Acts (1) Section 241 of the
2021 Act continues to apply, subject to this section, on and after repeal day
in relation to things seized before repeal day as if the 2021 Act had not been
repealed.
(2) The functions of
the inspector under section 241(2) of the 2021 Act are functions of any
officer of the Department authorised by the chief executive officer of the
Department for the purposes of this section.
(3) The functions of
the CEO under section 241(2) of the 2021 Act are functions of the chief
executive officer of the Department.
(4) Section 241(3) 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
chief executive officer’s power under section 241(2) of the 2021 Act to
give directions is limited to directing 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).
(5) For the purposes
of subsection (4), 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).
(6) In section
241(4)(b) of the 2021 Act the reference to the Aboriginal Cultural Heritage
Account established under section 279(1) of the 2021 Act is to be read as a
reference to the Consolidated Account.
[Section 85 inserted: No. 23 of 2023 s. 23.]