Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all matters required or permitted by this Act to
be prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act and without derogating from the generality of the
foregoing —
(a)
prohibiting the doing of an act or thing absolutely;
(b)
prohibiting the doing of an act or thing except in pursuance of a licence,
permit or authority, or in accordance with an approval, granted, issued or
given under the regulations;
(c)
making provision for and in relation to the terms and conditions to which a
licence, permit, authority or approval granted, issued or given under the
regulations is to be subject;
(d)
making special provision for and in relation to the protection of the health
and safety, and the training, examination and certification, of persons, who
because of their work or professional activity, are involved in nuclear
activities;
(e)
making provision for and in relation to the granting of exemptions, either
unconditionally or subject to conditions, from the provisions of the
regulations;
(f)
providing for the recovery of costs and expenses, and fixing the fees to be
paid, in respect of any matters under this Act;
(g)
empowering the Minister administering the regulations or other persons to give
directions to particular persons for the purposes of the regulations;
(h)
empowering the Minister administering the regulations to make provision by
written direction with respect to any matter with respect to which provision
can be made by the regulations;
(i)
subject to this Act, adopting, either wholly or in part
or with modifications and either specifically or by reference, any code
formulated under a Commonwealth law, this Act or any other Act; and
(j)
prescribing the manner in which notices, directions or instructions under the
regulations may be given or in which documents may be served.
(2) Offences against
the regulations may be prosecuted —
(a) on
indictment; or
(b) if
the accused and the prosecutor consent and the court is satisfied that it is
proper to do so — summarily.
(3) The regulations
may, in respect of offences against the regulations —
(a)
provide for a penalty —
(i)
upon summary conviction — of a fine not
exceeding $2 000, or imprisonment for a period not exceeding one year, or
both, and, in the case of a continuing offence, for a further fine not
exceeding $2 000 for each day after the first day on which the offence is
found to have been committed during which the offence is found to have
continued; and
(ii)
upon conviction otherwise than
summarily — of a fine not exceeding $50 000, or
imprisonment for a period not exceeding 5 years, or both, and, in the case of
a continuing offence, for a further fine not exceeding $50 000 for each
day after the first day on which the offence is found to have been committed
during which the offence is found to have continued;
and
(b)
provide that, in the case of an offence constituted by a failure to do an act
within a specified period or not later than a specified time, a person
convicted of the offence is guilty of a separate and further offence against
the regulations in respect of each day after the day of the conviction during
which the failure to do that act continues (notwithstanding that that period
has expired or that time has passed) and is punishable in respect of each such
separate and further offence —
(i)
upon summary conviction — by a fine not
exceeding $2 000; and
(ii)
upon conviction otherwise than
summarily — by a fine not exceeding $50 000.
(4) Section 36 of
the Interpretation Act 1918 2 applies to any direction given pursuant to
regulations made under subsection (1)(h) as though the direction were a
regulation.
(5) For the purposes
of subsections (2) and (3), a contravention of, or failure to comply
with, a direction given under the regulations shall be deemed to be an offence
against the regulations.
[Section 12 amended by No. 84 of 2004
s. 82.]