Western Australian Current Acts Western Australian Current Acts (1) In this section
—
publication day , for regulations made under
subsection (2), means the day on which those regulations are published in the
Gazette ;
specified means specified or described in
regulations made under subsection (2);
transitional matter means a matter that needs to
be dealt with for the purpose of effecting the transition from the provisions
of the former Act to the provisions of the amended Act.
(2) If there is no
sufficient provision in this Division for dealing with a transitional matter,
the Governor may make regulations prescribing matters —
(a)
required to be prescribed for the purpose of dealing with a transitional
matter; or
(b)
necessary or convenient to be prescribed for the purpose of dealing with a
transitional matter.
(3) Regulations made
under subsection (2) may provide that specific provisions of the amended Act
—
(a) do
not apply to or in relation to a matter; or
(b)
apply with specified modifications to or in relation to a specified matter.
(4) If regulations
made under subsection (2) provide that a specified state of affairs is taken
to have existed, or not to have existed, on and from a day that is earlier
than the publication day for those regulations but not earlier than the
commencement day, the regulations have effect according to their terms.
(5) If regulations
made under subsection (2) contain a provision referred to in subsection (4),
the provision does not operate so as —
(a) to
affect in a manner prejudicial to a person other than the State the rights of
that person existing before the publication day for those regulations; or
(b) to
impose liabilities on a person other than the State or an authority of the
State in respect of an act done or omission made before the publication day
for those regulations.
(6) Regulations can
only be made under subsection (2) within 12 months after the commencement day.
[Section 148 inserted: No. 6 of 2015 s. 48;
amended: No. 2 of 2023 s. 15.]