Western Australian Current Acts Western Australian Current Acts (1) Regulations or
by-laws made for the purposes of this Act or a relevant Act may be so made
—
(a) as
to apply —
(i)
generally, or in a specified class of case or in a
specified case; and
(ii)
at all times, or at specified times or at a specified
time; and
(iii)
throughout the State, or in specified parts of the State
or in a specified place;
or
(b) as
to adopt, by reference to the text as amended and for the time being in force
at the time of adoption of the by-law, unless a particular text is otherwise
specified —
(i)
such rules, regulations, codes, instructions or other
subordinate legislation made, determined or issued under any other Act, or
under any Act of the Parliament of the Commonwealth or of the Parliament of
the United Kingdom; or
(ii)
such standards, rules, codes or specifications issued by
Standards Australia, the British Standards Institution, or other specified
body,
either wholly or in
part or with modifications, as are specified; or
(c) as
to provide that where, by reason of the unavailability of materials or any
other reason that the Minister considers valid, any requirement imposed by the
Minister cannot be conformed to in any particular case, the Minister may in
writing dispense with that requirement and instead require the use of
materials or any other matters which the Minister considers to be appropriate;
or
(d) as
to provide that, in a specified case or a specified class of case, whether on
specified conditions or unconditionally, a person or thing or a class of
persons or things, may be exempted from the provisions of those regulations or
by-laws either wholly or to such extent as is specified; or
(e) as
to require a matter affected by them to be in accordance with a specified
standard, specification or requirement or to be as approved by, or to the
satisfaction of, a specified person or body or a specified class of person or
body, or so as to confer on a specified person or body or a specified class of
person or body a discretionary authority.
(2) Where regulations
or by-laws, or any provision of regulations or by-laws, made under and for the
purposes of a relevant Act are necessary or convenient for other purposes
under this Act regulations or by-laws made under this Act may adopt, by
reference to the text as from time to time amended and for the time being in
force, any such regulation, by-law or provision, either wholly or in part or
with modifications, as may be specified.
(3) The Governor, a
Minister or a statutory authority may, for the purposes of the Minister under
this Act, exercise a power conferred by a relevant Act to make, or to grant
dispensation from the observance of, regulations or by-laws under that Act as
though the power to do so had been conferred by the relevant Act.
(4) Regulations or
by-laws made under this Act —
(a) may
provide that contravention or failure to comply constitutes an offence; and
(b) may
make provision for penalties not exceeding $2 000 for any such offence and if
the offence is a continuing one a further penalty not exceeding $200 for every
day or part of a day during which the offence continues after notice of the
offence has been given by or on behalf of the Minister to the offender; and
(c) may
provide that, in addition to the penalty, any expense, loss or damage incurred
by the Minister in consequence of the offence shall be payable by the
offender; and
(d) may
provide for fees to be payable to the Minister in relation to specified
matters and make provision as to the recovery of any such fees; and
(e) may
prescribe forms and other documents for the purposes of this Act or a relevant
Act, and for the circumstances in which they are required and the manner in
which information required is to be provided or verified; and
(f)
without limiting paragraph (e), may provide for notices to be given, sent or
served under this Act by electronic communication (as defined in the
Electronic Transactions Act 2011 section 5(1)) and for the proof of that
giving, sending or service.
(5) In this section,
specified means specified in the regulation or by-law in relation to which the
term is used.
(6) The court, when
convicting a person for an offence constituted by a contravention of a
regulation or by-law which provides that any expense, loss or damage incurred
by the Minister in consequence of the offence shall be payable by the offender
shall, if requested by an officer of the Department or a person authorised by
the Minister, assess the amount of the expense, loss or damage so incurred and
payable by the person convicted and make an order for payment of the total
amount assessed, and the amount specified in the order is recoverable in the
same manner as it would be recoverable if it were a fine.
(7) Nothing in
subsection (6) prejudices or affects the right of the Minister to institute
any civil action or proceeding for the recovery of damages in any other court
of competent jurisdiction against the person convicted.
[Section 36 amended: No. 25 of 1985 s. 11; No. 24
of 1987 s. 7 3 ; No. 73 of 1995 s. 42; No. 74 of 2003 s. 125(2); No. 38 of
2007 s. 109 and 135; No. 25 of 2012 s. 109; No. 34 of 2020 s. 78.]