Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A reference in
this Part —
(a) to a
person involved in a contravention shall be read as a reference to a person
who —
(i)
has aided, abetted, counselled or procured the
contravention;
(ii)
has induced, whether by threats or promises or otherwise,
the contravention;
(iii)
has been in any way, directly or indirectly, knowingly
concerned in, or party to, the contravention; or
(iv)
has conspired with others to effect the contravention;
and
(b) to a
contravention of this Act, includes a reference to a contravention of a
provision of a Heritage Agreement or an Order made under Part 6, a permit
under section 64, or an Order in Council made under section 80.
(2) Where a court of
summary jurisdiction hearing a charge of an offence against this Act is, for
any reason, of the opinion that the charge is a fit subject for prosecution by
indictment, the court may abstain from dealing with the charge summarily and
commit the accused to trial on indictment.
(3) Proceedings in
respect of a contravention may —
(a) in
the case of a prosecution for an offence, be commenced within 3 years
after the date when the alleged offence was committed;
(b) be
instituted by any person, whether or not any right of that person has been or
may be infringed by or as a consequence of a contravention; and
(c) if
instituted in the name of the Council, be conducted by any officer of the
Council authorised in that behalf by the Council.
(4) A person who
suffers loss or damage by reason of a contravention of this Act may recover
the amount of the loss or damage by action against any person convicted of or
involved in the contravention commenced within 3 years after the date on
which the cause of action accrued.
(5) Where in
proceedings taken in the Supreme Court or the District Court against a person
contravening or involved in the contravention of this Act the Court is
satisfied that some other person has suffered, or is likely to suffer, loss or
damage by reason of the contravention the Court, whether or not an injunction
or any other relief is granted, may make such order as the Court thinks
appropriate against that person for the purpose of compensating the other
person wholly or in part for the loss or the cost of making good any damage or
reducing the extent of the loss or damage.
(6) In proceedings
under this Division, a finding of fact by a court made in proceedings against
that person for an offence in which that person has been found to have
contravened, or to have been involved in a contravention of, this Act is
evidence of that fact and the finding may be proved by production of a
document under the seal of the court from which the finding appears.
(7) Where a person is,
by any conviction or order of a court, adjudged to pay a fine, or costs or
other sum of money in respect of a contravention of this Act, the court by
which the conviction or order was effected or made may —
(a)
exercise any power that the court has apart from this section; or
(b) on
the application of the Council, whether or not on behalf of another person,
order that the amount unpaid be recoverable as if it were a judgment debt
payable by the defaulter to the Crown under a judgment entered up in the
court.
[Section 66 amended by No. 59 of 2004
s. 141; No. 84 of 2004 s. 80 and 82.]