Western Australian Current Acts Western Australian Current Acts (1) Without limiting
section 41, the Minister or the Commissioner with the consent of the Minister,
if the Minister or the Commissioner, as the case may be, thinks that it would
be in the public interest to do so, may intervene, and has a right to be heard
personally or by counsel, solicitor or agent, in any proceedings (other than
proceedings for an offence) arising under the cognate Acts before a court or
the State Administrative Tribunal.
(2) Where the
Commissioner intervenes in any proceedings under subsection (1) or takes or
defends proceedings in accordance with section 41(1), it shall be presumed,
unless the contrary is proved, that the Minister has consented to the
intervention or the taking or defending of proceedings, as the case may be.
(3) The Minister or
the Commissioner, on intervening under subsection (1) in any proceedings,
becomes a party to the proceedings and has all the rights, including rights of
appeal, of such a party.
[Section 43 amended: No. 55 of 2004 s. 203 and
209(2).]