Western Australian Current Acts Western Australian Current Acts (1) All powers given
to a local government under the provisions of this Act shall be deemed to be
in addition to and not in derogation of any other powers conferred upon such
local government by any other Act, and such other powers may be exercised in
the same manner as if this Act had not been passed.
(2) Nothing in this
Act shall render lawful any act, matter, or thing whatsoever which but for
this Act would be deemed to be a nuisance, nor exempt any person from any
action, liability, prosecution, or punishment to which such person would have
been otherwise subject in respect thereof.
(3) The Chief Health
Officer or any local government (with the approval of the Minister) may, if in
the Chief Health Officer’s or its opinion summary proceedings would
afford an inadequate remedy, cause any proceedings to be taken against any
person in the Supreme Court to enforce the abatement or prohibition of any
nuisance, or for the remedying of any sanitary defects, or for the recovery of
any penalties from, or for the punishment of, any person offending against the
provisions of this Act.
(4) And, generally,
the provisions of this Act relating to nuisances shall be deemed to be in
addition to, and not to abridge or affect, any right, remedy, or proceeding
under any other provisions of this Act, or any other Act, or at common law.
(5) Nothing in this
Act contained with respect to the sale of food and drugs shall affect the
power of proceeding by indictment, or take away any other remedy against any
offender under the provisions of this Act, or in any way interfere with
contracts and bargains between individuals, and the rights and remedies
belonging thereto.
(6) Provided that in
any action brought by any person for a breach of contract on the sale of any
food, such person may recover, alone or in addition to any other damages
recoverable by him, the amount of any penalty adjudged to be paid by him under
the provisions of this Act, or any regulation or local law, together with the
costs paid by him upon such conviction and those incurred by him in and about
his defence thereto, if he proves that the food the subject of such conviction
was sold to him as and for a food of the same nature, substance, and quality
as that which was demanded of him, and that he purchased it not knowing it to
be otherwise, and afterwards sold it, not knowing it to be otherwise, and in
the same state in which he purchased it; but the defendant in such action
shall nevertheless be at liberty to prove that the conviction was wrongful, or
that the amount of costs awarded or claimed was not incurred or was
unreasonable.
(7) But no person
shall be punished for the same offence both under the provisions of this Act
or any regulation or local law, and under any other law or enactment.
[Section 5 amended: No. 14 of 1996 s. 4; No. 28 of
2006 s. 251; (correction: Gazette 14 Dec 2010 p. 6301); No. 13 of 2014 s. 150;
No. 19 of 2016 s. 7.]