Western Australian Current Acts Western Australian Current Acts (1) The regulations
may prescribe all matters that are necessary or convenient to be prescribed
for the enforcement of the Code.
(2) Without limiting
section 131 or subsection (1), the regulations may —
(a)
provide that a provision of the Code specified in the regulations, or of a
class specified in the regulations, is a civil penalty provision for the
purposes of the regulations; and
(b)
prescribe, for a contravention of a civil penalty provision —
(i)
an amount not exceeding $100 000; and
(ii)
in addition a daily amount not exceeding $20 000,
that the Supreme Court
may determine is payable by a person who contravenes the provision; and
(c)
provide for and regulate the taking of proceedings before the Supreme Court in
respect of alleged contraventions of civil penalty provisions and provide for
the orders that can be made in those proceedings; and
(d)
provide for the manner in which amounts received by way of civil penalties are
to be dealt with and applied; and
(e)
provide for and regulate the taking of proceedings before the Supreme Court
for an injunction restraining engagement in conduct contravening a provision
of the Code and provide for the granting of an injunction (including an
interim injunction) and the rescission or variation of an injunction so
granted; and
(f)
provide for and regulate the taking of proceedings before the Supreme Court
for a declaration as to whether a provision of the Code is being or has been
contravened and provide for the orders that can be made in those proceedings;
and
(g)
provide for and regulate the taking of action for the recovery of an amount of
loss or damage suffered because of conduct contravening a provision of the
Code.
(3) In subsection
(2)(b)(ii) —
daily amount means an amount for each day or part
of a day during which the contravention continues.
[Division 4 deleted: No. 9 of 2020 s. 18.]
[Heading inserted: No. 9 of 2020 s. 19.]
[Heading inserted: No. 9 of 2020 s. 19.]