Western Australian Current Acts Western Australian Current Acts (1) Schedule 8 sets
out transitional provisions in relation to amendments to this Act.
(2) Schedule 8 does
not affect the operation of the Interpretation Act 1984 Part V.
(3) If Schedule 8 does
not provide sufficiently for a matter or issue of a transitional nature that
arises as a result of amendments to this Act, the Governor may make
regulations prescribing all matters that are required, necessary or convenient
to be prescribed for providing for the matter or issue.
(4) If in the opinion
of the Minister an anomaly arises in the carrying out of any provision —
(a) of
Schedule 8; or
(b) of
the Interpretation Act 1984 as it applies to the amendments made to this Act,
the Governor may by
regulation —
(c)
modify that provision to remove that anomaly; and
(d) make
such provision as is necessary or expedient to carry out the intention of that
provision.
(5) If regulations
made under subsection (3) or (4) provide that a state of affairs specified or
described in the regulations is to be taken to have existed, or not to have
existed, on and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than the commencement
day, the regulations have effect according to their terms.
(6) If regulations
contain a provision referred to in subsection (5), the provision does not
operate so as —
(a) to
affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the day of
publication of those regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
[Section 325 inserted: No. 31 of 2011 s. 72.]
[Heading deleted: No. 19 of 2010 s. 42(3).]