Western Australian Current Acts Western Australian Current Acts (1) The obligations
imposed on a corporation by this Part and by Schedules 5 and 6 create duties
that are enforceable by civil proceedings in a court, but no breach of those
obligations gives rise to an action for damages.
(2) A grant of access
by a corporation under clause 2 of Schedule 5 or clause 2 of Schedule 6 to a
user and the terms and conditions of that grant are to be taken to constitute
a contract between the corporation and the user, and rights and obligations
under the grant are enforceable accordingly.
(3) Nothing in
subsection (1) affects —
(a) the
enforceability of any contract, including a deemed contract under subsection
(2), to which a corporation is a party; or
(b) the
availability of damages for a breach of any such contract.
(4) Sections 177 and
178 of The Criminal Code do not apply to the obligations created by or under
this Part and Schedules 5 and 6.
[Section 94 amended: No. 18 of 2005 s. 139;
amended in Gazette 26 Jun 2007 p. 3019.]