Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall not
carry out or take part in any procedure for the sterilization of a represented
person unless —
(a) both
the guardian of the represented person and the State Administrative Tribunal
have consented in writing to the sterilization;
(b) all
rights of appeal in respect of a determination under section 63 have
lapsed or been exhausted; and
(c) the
sterilization is carried out in accordance with any condition imposed under
this Act.
(2) Notwithstanding
section 259 of The Criminal Code , a person who knows that an application
has been made for a guardianship order in respect of a person shall not carry
out or take part in any procedure for the sterilization of that person
before —
(a) the
application has been finally dealt with by the State Administrative Tribunal;
and
(b) all
rights of appeal in respect of a determination under section 43 have
lapsed or been exhausted.
Penalty applicable to subsections (1) and
(2): $4 000 and imprisonment for 2 years.
(3) For the purposes
of this section all rights of appeal have lapsed or been exhausted
if —
(a) the
time allowed for an application for leave to appeal, or for a reference under
section 24, has expired;
(b)
every application for leave to appeal has been refused;
(c)
where leave to appeal has been granted, the appeal or any subsequent appeal
has been discontinued or dismissed (and is not reinstated or capable of
reinstatement),
and for the purposes
of paragraph (b) leave to appeal has not been refused so long as there
remains a right to require a reference under section 24.
[Section 57 amended by No. 55 of 2004
s. 466(1).]