Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to the
requirements of the Department’s website and this regulation, a person
may lodge electronically a document in relation to proceedings before the
warden by lodging an electronic version of it by means of the
Department’s website.
(2) If a document is
or must be signed by a person who is not, or who is not acting on behalf of,
the person lodging it, the document cannot be lodged electronically unless it
is an affidavit.
(3) If a document is
in a form that, before it is lodged, is required to be signed by or on behalf
of the person lodging it and the document is being lodged electronically
—
(a) the
document need not be signed by that person; and
(b) the
person lodging the document electronically must ensure that the electronic
version of the document, instead of showing a signature at any place where a
signature is required, states the name of the person whose signature is
required at the place.
(4) A person who
lodges an affidavit electronically must either lodge an electronic version of
it that includes the signatures on it or —
(a)
lodge an electronic version of it that does not include the signatures on it;
and
(b)
ensure that the electronic version, instead of showing a signature at any
place where a signature appears in the paper version, states the name of the
person whose signature it is; and
(c) also
lodge an undertaking that the person —
(i)
has possession of the paper version signed according to
law; and
(ii)
will retain the paper version subject to any order of the
warden.
(5) A document that is
lodged electronically after 4.30 p.m. on a working day and before 8.30
a.m. on the next working day is to be taken to have been lodged at 8.30 a.m.
on that next working day.
(6) If a document is
sent electronically to the Department but not in accordance with the
requirements of the Department’s website and this regulation —
(a) the
document is to be taken not to have been lodged; and
(b) the
mining registrar must notify the person who sent it of the fact.
(7) A person who
lodges a document electronically must have the paper version of the document
with him or her at any hearing of the relevant proceedings.
(8) The warden may, at
any time, order a person who has lodged a document electronically to lodge the
paper version of the document.
(9) This regulation
does not affect, and is not affected by, regulation 59B.
[Regulation 138A inserted in Gazette 18 Mar
2011 p. 921‑2.]