Western Australian Current Acts Western Australian Current Acts (1) The Minister may,
by notice published in the Gazette , exempt the Crown or a Crown authority
from the application of —
(a) one
or more provisions of this Act; or
(b) one
or more provisions of the regulations; or
(c) a
combination of those things.
(2) An exemption
cannot exempt the Crown or a Crown authority from the application of any of
the following —
(a) Part
9, which relates to notifiable infectious diseases and related conditions;
(b) Part
11, which relates to serious public health incident powers;
(c) Part
12, which relates to public health emergencies;
(d) Part
15, which relates to inquiries;
(e) Part
16, which relates to powers of entry, inspection and seizure;
(f) Part
18, which relates to liability, evidentiary and procedural matters;
(g) Part
19, which relates to miscellaneous matters.
(3) The Minister can
exempt the Crown or a Crown authority from the application of a provision of
this Act or of the regulations only if the Minister is satisfied that the
Crown or, as the case requires, the Crown authority is unable to take the
steps necessary to comply with the provision, whether because of a lack of
financial or other resources or for any other reason.
(4) For the purposes
of deciding whether or not to issue an exemption, the Minister —
(a) must
obtain the advice and recommendations of the Chief Health Officer in relation
to the matter; and
(b) must
have regard to that advice and those recommendations, but does not have to act
in accordance with that advice and those recommendations.
(5) The Minister may
attach conditions to an exemption.