Western Australian Current Acts Western Australian Current Acts (1) If an authority is
varied in a way that limits its scope, this Division continues to apply to any
participant in the operation as if the authority had not been varied in that
way, for so long as the participant —
(a) is
unaware of the variation; and
(b) is
not reckless about the existence of the variation.
(2) If an authority
for a controlled operation is cancelled, this Division continues to apply to
any participant in the operation as if the authority had not been cancelled in
that way, for so long as the participant —
(a) is
unaware of the cancellation; and
(b) is
not reckless about the existence of the cancellation.
(3) For the purposes
of this section, a person is reckless about the existence of the variation or
cancellation of an authority if —
(a) the
person is aware of a substantial risk that the variation or cancellation has
happened; and
(b)
having regard to the circumstances known to the person, it is unjustifiable to
take the risk.
[Section 131 inserted: No. 78 of 2003 s. 17.]