Western Australian Current Acts Western Australian Current Acts (1) The Minister or
the Authority may with the approval of the Governor declare by order that all
or any of the provisions of this Act or of an approved policy do not apply
according to that order in respect of —
(a) any
specified area of the State; or
(b) any
specified premises, act or thing; or
(c) all
premises, acts or things comprised in a specified class thereof or situated in
a specified area of the State.
(2) The Minister or
the Authority, as the case requires, may —
(a)
subject a declaration made under this section to such circumstances or
conditions or both as are specified; and
(b)
require specified persons or members of specified classes of persons to comply
with any conditions to which the declaration referred to in paragraph (a) is
subjected,
and, notwithstanding
anything contained in this Act but subject to this section, a declaration so
made has effect according to its tenor.
(3) If the
circumstances or conditions subject to which a declaration is made under this
section cease to exist or are breached, or a declaration is revoked under
subsection (4), the declaration ceases to have effect.
(4) Subject to
subsections (5) and (6), the Minister or the Authority, as the case requires,
may with the approval of the Governor by order revoke a declaration made under
this section.
(5) The Minister or
Authority shall, before exercising the power of revocation conferred by
subsection (4), publish in the Gazette reasonable notice of the intention of
the Minister or Authority to exercise that power so as to enable persons
likely to be aggrieved by the revocation of the declaration concerned to make
representations in writing to the Minister or the Authority.
(6) Notice is not
reasonable notice within the meaning of subsection (5) unless the relevant
notice is published in the Gazette not less than 14 days before the day on
which the Minister or the Authority exercises the power of revocation
concerned.
(7) A person who
breaches a condition with which the person is required under subsection (2) to
comply commits an offence.
(8) Section 42 of the
Interpretation Act 1984 applies to an order made under this section as if that
order were regulations within the meaning of that section of that Act, except
that the reference in section 42(1) of that Act to 6 sitting days shall for
the purposes of this section be construed as a reference to 9 sitting days.
(9) Nothing in this
section affects or prevents the application to the regulations of
section 43(8)(d) of the Interpretation Act 1984 .
(10) In subsections
(1) and (2) —
specified means specified in the relevant order
made under this section.
[Section 6 amended: No. 40 of 2020 s. 111(1).]