Western Australian Current Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 98

98 .         Regulations, local laws and waste strategy may adopt codes or legislation and other references

        (1)         In this section —

        code means a code, standard, rule, specification or other document, made in or outside Australia, that does not by itself have legislative effect in this State.

        (2)         Regulations, local laws and the waste strategy may adopt, either wholly or in part with or without modifications and either specifically or by reference —

            (a)         any code; or

            (b)         any subsidiary legislation, made, determined or issued under any other Act or under any Act of the Commonwealth, another State or a Territory.

        (3)         If the regulations, local laws or waste strategy adopt a code or subsidiary legislation, it is adopted as in force from time to time unless the regulations, local laws or waste strategy specify that a particular text is adopted.

        (4)         The CEO must ensure that any code or subsidiary legislation adopted under subsection (2) is —

            (a)         available for public inspection during normal office hours at a place prescribed by regulation; and

            (b)         published on, or accessible through, the Department’s website on the internet or another site on the internet approved under the regulations.

        (5)         In any proceedings under this Act, production of a copy of a code or subsidiary legislation adopted under subsection (2) purporting to be certified by the CEO to be a true copy as at any date or during any period is, without proof of the signature of the CEO, sufficient evidence of the content of the code or subsidiary legislation as at that date or during that period.