Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsections (3) and (4), a financial assurance may be called on and used,
despite and without affecting —
(a) any
liability of the responsible person to any penalty for an offence for a
contravention to which the financial assurance relates; and
(b) any
other action that might be taken or is required to be taken in relation to any
contravention or other circumstances to which the financial assurance relates.
(2) If the amount of
financial assurance claimed or realised does not cover all the costs
concerned, the Minister or CEO may recover the excess from the responsible
person under section 48(8), 68A(11)(b), 69(3), 70(10)(b), 73(4a) or 73A(4), as
the case requires.
(3) The Minister is
not entitled —
(a) to
recover costs under section 48(5) or 69(3) if a financial assurance has been
called on and used in respect of those costs (except to the extent that the
financial assurance does not cover all the costs); or
(b) to
call on or use a financial assurance in respect of costs which have been
recovered under section 48(5) or 69(3).
(4) The CEO is not
entitled —
(a) to
recover costs under section 68A(11)(b), 70(10)(b), 73(4a) or 73A(4) if a
financial assurance has been called on and used in respect of those costs
(except to the extent that the financial assurance does not cover all the
costs); or
(b) to
call on or use a financial assurance in respect of costs which have been
recovered under section 68A(11)(b), 70(10)(b), 73(4a) or 73A(4).
[Section 86G inserted: No. 54 of 2003 s. 87;
amended: No. 40 of 2020 s. 70.]