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COMMONWEALTHAct
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s 8A

Application of Western Australian laws

In force
Part IIILaws and Legislative Powers
Division 1Laws of the Territory

8A Application of Western Australian laws

(1)

Subject to this section, section 8G and Part IVA, Western Australian laws are in force in the Territory.

Note:

A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).

(2)

To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.

(3)

An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.

(4)

To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.

(5)

For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.

(6)

A Western Australian law:

(a)

is a law in force in Western Australia from time to time; and

(b)

includes a principle or rule of common law or equity that is part of the law of Western Australia; and

(c)

does not include:

(i)

a Commonwealth Act or a provision of a Commonwealth Act; or

(ii)

an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.

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