Western Australian Current Acts Western Australian Current Acts (1) Subsection (2)
applies if the Minister is of the opinion, having regard to the purposes and
subject matter of this Part, that 1 or more of the following circumstances
exist or may exist —
(a) this
Part does not deal adequately or appropriately with a matter or thing;
(b) this
Part does not apply to a matter or thing to which it is appropriate for this
Part to apply;
(c) this
Part applies to a matter or thing to which it is not appropriate for this Part
to apply;
(d) it
is appropriate to make provision for improving the effectiveness of an
indemnity under section 14(4), 15(2) or (3), 22(4) or 23(2) or (3), including
(without limitation) provision for or in connection with the following —
(i)
the creation of security interests, rights or
restrictions in respect of land, or any other type of property, in which, or
in respect of which, 1 or more of the persons who are liable under the
indemnity have, or have had, any interests or rights;
(ii)
the enforcement of the indemnity against persons to whom
1 or more of the persons who are liable under the indemnity have assigned or
otherwise transferred interests or rights in, or in respect of, land or any
other type of property;
(e) it
is appropriate for this Part to be otherwise improved —
(i)
by removing from this Part an inconsistency with a law of
the Commonwealth; or
(ii)
in any other way.
(2) The Governor may,
on the Minister’s recommendation, by order do either or both of the
following —
(a)
amend this Part to address the circumstances;
(b) make
any other provision necessary or convenient to address the circumstances.
(3) The matters or
things in respect of which an order can be made under this section include
matters or things occurring or arising before commencement.
(4) An order under
this section is subsidiary legislation for the purposes of the
Interpretation Act 1984 .
[Section 30 inserted: No. 32 of 2020 s. 7.]