Western Australian Consolidated Acts Western Australian Consolidated Acts (1) All powers given
to a local government under the provisions of this Act shall be deemed to be
in addition to and not in derogation of any other powers conferred upon such
local government by any other Act, and such other powers may be exercised in
the same manner is if this Act had not been passed.
(2) Nothing in this
Act shall render lawful any act, matter, or thing whatsoever which but for
this Act would be deemed to be a nuisance, nor exempt any person from any
action, liability, prosecution, or punishment to which such person would have
been otherwise subject in respect thereof.
(3) The CEO or any
local government (with the approval of the Minister) may, if in his or its
opinion summary proceedings would afford an inadequate remedy, cause any
proceedings to be taken against any person in the Supreme Court to enforce the
abatement or prohibition of any nuisance, or for the remedying of any sanitary
defects, or for the recovery of any penalties from, or for the punishment of,
any person offending against the provisions of this Act.
(4) And, generally,
the provisions of this Act relating to nuisances shall be deemed to be in
addition to, and not to abridge or affect, any right, remedy, or proceeding
under any other provisions of this Act, or any other Act, or at common law.
(5) Nothing in this
Act contained with respect to the sale of food and drugs shall affect the
power of proceeding by indictment, or take away any other remedy against any
offender under the provisions of this Act, or in any way interfere with
contracts and bargains between individuals, and the rights and remedies
belonging thereto.
(6) Provided that in
any action brought by any person for a breach of contract on the sale of any
food or drug, such person may recover, alone or in addition to any other
damages recoverable by him, the amount of any penalty adjudged to be paid by
him under the provisions of this Act, or any regulation or local law, together
with the costs paid by him upon such conviction and those incurred by him in
and about his defence thereto, if he proves that the food or drug the subject
of such conviction was sold to him as and for a food or drug of the same
nature, substance, and quality as that which was demanded of him, and that he
purchased it not knowing it to be otherwise, and afterwards sold it, not
knowing it to be otherwise, and in the same state in which he purchased it;
but the defendant in such action shall nevertheless be at liberty to prove
that the conviction was wrongful, or that the amount of costs awarded or
claimed was not incurred or was unreasonable.
(7) But no person
shall be punished for the same offence both under the provisions of this Act
or any regulation or local law, and under any other law or enactment.
[Section 5 amended by No. 14 of 1996
s. 4; No. 28 of 2006 s. 251.]