Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a report
submitted to the Commissioner under section 23M contains a recommendation
that the supply of goods of any class or description specified in the report,
or of any particular goods so specified, ought to be prohibited, or ought to
be allowed only subject to conditions or restrictions so specified, the
Commissioner may, if he agrees with the recommendation, make an order giving
effect to the recommendation.
(2) The Commissioner
may make an order prohibiting the supply of goods of a class or description
without making a reference to the Committee under section 23L(1)
if —
(a) the
supply of goods of that class or description is prohibited under a law of the
Commonwealth or another State or a Territory; and
(b) the
Commissioner considers it necessary in the interests of the safety of the
public to make the order.
(3) If the supply of
goods of a class or description is allowed under a law of the Commonwealth or
another State or a Territory subject to conditions or restrictions relating to
the goods, the Commissioner, without making a reference to the Committee under
section 23L(1) in respect of goods of that class or description, may if
he considers it necessary in the interests of the safety of the public make an
order allowing the supply of goods of that class or description in this State,
subject to conditions or restrictions specified or referred to in the order
being conditions or restrictions that are in conformity with those specified
or referred to under that law that relate to the goods.
(4) For the avoidance
of doubt, an order made under subsection (2) or (3) is not affected by
the subsequent amendment, repeal or expiry of a law referred to in those
subsections.
(5) An order made
under this section shall be published in the Government Gazette and shall take
effect on and from the date of publication or such a later date as is
specified in the order.
(6) The Commissioner
may by notice published in the Gazette on his own motion, or on the
recommendation of the Committee, revoke or amend an order made under this
section.
(7) Any person may
make an objection to the Minister against an order made under this section.
(8) Any
objection —
(a)
shall be made within 14 days after the publication in the Government
Gazette of the order or, where the objection arises as a result of an
amendment of the order, within 14 days after the publication in the
Government Gazette of the notice by which the amendment was made;
(b)
shall be made in writing and shall set out in full the nature of the objection
and the grounds on which it is made.
(9) The Minister may,
after considering the objection, —
(a)
dismiss the objection; or
(b)
uphold the objection and, by notice published in the Government Gazette ,
revoke the order or amend the order in such manner as he considers necessary
to meet the objection.
[Section 23R inserted by No. 90 of 1978
s. 7; amended by No. 1 of 1985 s. 13 and 16; No. 69 of
2006 s. 8.]