Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations in regard to any matter or for any purpose for which
regulations are prescribed or contemplated by this Act and may make all
such other regulations as may in his opinion be required or permitted by this
Act for giving effect to the provisions of, and for the full execution
and due administration of, this Act.
(2) Without limiting
the generality of the powers conferred by subsection (1), the Governor
may make regulations for or with respect to —
[(a), (b), (c)
deleted]
(d) the
forms to be used for the purposes of this Act, and the manner of, and time
for, their completion including a requirement that information supplied be
verified by statutory declaration;
[(e), (f) deleted]
(g)
controlling all matters with respect to the nature, content and use of labels
in relation to a specified fertilizer, and the identification of bulk
consignments;
(h) the
investigation as to the efficacy of fertilizers or ingredients;
(i)
the taking of samples by inspectors and purchasers;
(j) the
conduct and methods of analysis;
(k) the
definition of terms for the purposes of this Act including the use of
chemical and physical expressions;
(l) any
other purpose that the Governor deems necessary for safeguarding the public
and the public interest in relation to fertilizers; and
(m) such
transitional, incidental and supplementary provisions as the Governor deems
necessary or expedient for the purpose of this Act.
(3) Any regulations
made under this Act may —
(a) be
of general or limited application, according to time, place or circumstance;
(b)
prescribe the charges that shall be made for any matter under this Act, the
persons liable to pay the charges and the method of recovering amounts not
duly paid;
(c)
impose upon any person or class of person a discretionary authority;
(d)
provide penalties not exceeding $2 000 for offences against the
regulations, and daily penalties not exceeding $200 for every day that an
offence continues after the offender is convicted.
(4) Regulations may be
made under this section —
(a) so
as to apply —
(i)
generally or in a particular class of case or in
particular classes of cases;
(ii)
at all times or at a specified time or times; and
(iii)
throughout the State or in a specified part or parts of
the State;
(b) so
as to require a matter affected by them to be —
(i)
in accordance with a specified standard or specified
requirement; or
(ii)
as approved by, or to the satisfaction of, a specified
person or body or a specified class of person or body.
(5) In
subsection (4) "specified" means specified in the regulations.
[Section 44 amended by No. 20 of 1989
s. 3; No. 9 of 1998 s. 12.]