Western Australian Current Acts Western Australian Current Acts (1) This Part has
effect despite Part 2 and any other Act or law.
(2) Subject to
subsection (1) and the rest of this Part, the Agreement continues to operate
in accordance with its provisions and as provided for under Part 2.
(3) The Agreement (or
any part of the Agreement) is taken not to have been, and never to have been,
repudiated by any conduct of the State, or of a State agent, occurring or
arising on or before commencement.
(4) A provision of
this Part, or a provision of any Part 3 subsidiary legislation, does not apply
to a matter or thing to the extent (if any) that is necessary to avoid the
provision or any part of the provision —
(a)
applying to the matter or thing inconsistently with a law of the Commonwealth;
or
(b) not
being valid for any other reason.
(5) If, despite
subsection (4), a provision of this Part, or a part of a provision of this
Part, is not valid for any reason, the rest of this Part is to be regarded as
divisible from, and capable of operating independently of, the provision, or
the part of a provision, that is not valid.
(6) This Part applies
in relation to matters or things occurring or arising outside Western
Australia so far as the legislative power of the Parliament permits.
(7) To avoid doubt,
the provisions of this Part, and of any Part 3 subsidiary legislation, contain
matters that are substantive law and are not procedural in nature.
[Section 8 inserted: No. 32 of 2020 s. 7.]
[Heading inserted: No. 32 of 2020 s. 7.]
[Heading inserted: No. 32 of 2020 s. 7.]