Fuel, Energy and Power Resources Act 1972

The Act organises several core concepts that govern emergency control of fuel, energy and power resources. The first is the trigger: a state of emergency may be declared when the Governor is satisfied that embargoes, disruptions of shipping or transport, natural disasters, or other events or causes are affecting or likely to affect provision, supply or distribution of resources (s 43(1)). The grounds are phrased broadly, permitting the Governor to act on multiple types of external or internal disturbances.

The second is the legal effect of emergency instruments. Section 41(1) establishes that this Part prevails over inconsistent statutory or subordinate law. Section 41(2) goes further: emergency regulations have effect notwithstanding anything in other Acts, laws, proclamations, regulations, courts’ judgments or contracts. This creates a supremacy rule during emergencies for the measures made under the Part. Section 47(1) constrains emergency regulations only to be not inconsistent with the Part, but otherwise confers broad subject matter scope, including rationing, allocation, returns and information, delegation and penalty powers (s 47(2)(a)-(l)).

The third is the architecture of decision-making. Administration of the Act during a declared emergency is vested in a responsible Minister, who may direct departments, instrumentalities or persons in writing (s 42). The Act expressly permits delegation of the Minister’s powers (s 51), and emergency regulations may confer power on any Minister to make orders or give directions (s 50(1)). Orders under the Part can include incidental provisions and licensing schemes, and are treated for interpretation purposes as regulations under the Interpretation Act 1918 (s 50(6)),the Act includes a footnote that the 1918 Act was later repealed by the Interpretation Act 1984 (Notes). The Minister’s powers to vary or revoke orders are explicit (s 50(2)), and orders and directions attract criminal liability for non‑compliance (s 50(7)-(8)), with a statutory defence of reasonable excuse for failure to comply with a direction (s 50(8)).

The fourth is the treatment of persons and property. Emergency regulations may require producers, holders, suppliers, transporters and users to submit returns or information, including statutory declarations (s 47(2)(e)). They may also compulsorily allocate supplies, prohibit particular uses, determine user priority and impose permit or rationing systems (s 47(2)(c)-(d)). Section 48 makes intimidation, retaliation or discrimination against participants in emergency supply or distribution operations an offence.

The fifth is liability, rights and remedies. Section 54 generally bars civil actions in respect of acts or decisions made in exercise or purported exercise of powers under the Part, subject to section 55 which preserves personal injury claims. Section 56 creates an entitlement to compensation from the Minister where loss (other than personal injury or losses arising from prohibitions on sale or supply) results from compliance with emergency regulations or engagement in their implementation; mechanisms for claims include prescribed forms and arbitration by a judicially appointed arbitrator where amounts cannot be agreed (ss 56(1)-(5)). Section 57 preserves penalties and legal consequences after expiry or revocation of regulations.

Finally, procedural safeguards include mandatory publication and communication to Parliament of the declaration (s 43(3)-(4)), parliamentary ratification within 30 days or deemed revocation (s 44), evidentiary presumptions such as the Minister’s certificate being prima facie evidence of a state of emergency or a delegation (s 62), and a right to appeal in writing to the Minister in a prescribed manner with the Minister possessing absolute discretion to act on such appeals (s 58).

The text of Part III identifies multiple affected categories, both public and private. Primary economic actors are producers, holders, suppliers, transporters and users of fuel, energy and power resources: emergency regulations may require these actors to submit returns or information (s 47(2)(e)), may impose permit or rationing systems affecting their ability to sell or distribute (s 47(2)(c)), may direct allocation of supplies and determine user priority (s 47(2)(d)), and may engage persons to perform functions in supply and distribution operations (s 47(2)(k)). Those actors face criminal liability for non‑compliance (s 49(1), s 50(7)) and for false documents or statements (s 59).

Local governments, statutory bodies and other persons or bodies who “administer or carry on for the benefit of the community” supplies or services can be delegated powers or duties under emergency regulations (s 47(2)(f)). The Treasurer may make grants or advances to local governments or statutory bodies, persons or bodies to help meet expenditure incurred in exercise of powers under the Part, but only on the Minister’s recommendation and subject to the Minister’s terms (s 53). Public instrumentalities and departments are explicitly placed under the Minister’s direction in the administration of the Part (s 42), and expenses they incur are to be met from moneys provided by Parliament except where otherwise provided (s 52).

The Crown is bound by the Act (s 3), but the Act also places financial burdens on public finances by requiring Parliamentary moneys to meet expenses arising from implementation of the Part (s 52) and by enabling the Treasurer to provide grants (s 53). Private individuals and businesses are potentially affected by orders that may operate notwithstanding existing contracts and judgments (s 41(2)); that includes suppliers with existing contractual rights or security over stock.

Persons who participate in emergency supply or distribution operations gain anti‑retaliation protection: it is an offence to discriminate, intimidate or retaliate against persons for their participation (s 48). Persons who suffer loss as a result of complying with emergency regulations may be entitled to compensation from the Minister (s 56), subject to exclusions (personal injury and losses arising from prohibitions on sale or supply).

Legal actors are affected by the process rules. Prosecutions under the Part require the Attorney General’s consent (s 60), summary offences are to be dealt with by magistrates (s 61), and Ministerial certificates are admissible and prima facie evidence of certain facts in proceedings (s 62). Finally, Parliament is given an oversight role via mandatory communication and the 30‑day ratification mechanism (ss 43(4), 44).

Duties in the emergency framework are primarily obligations imposed by emergency regulations, orders and directions, and by the statutory duty to supply information and returns. Emergency regulations may require producers, holders, suppliers, transporters and users to submit returns or information and to verify them by statutory declaration or other specified manner (s 47(2)(e)). Orders may establish licensing or permitting schemes and may prohibit doing things except under authority of a licence (s 50(4)), and may require persons to furnish information to facilitate rationing or control schemes (s 50(3)). Non‑compliance with a provision of this Part, an emergency regulation, or an order is an offence (ss 49(1), 50(7)).

There is a duty on the Minister to administer the Act in an emergency and to direct authorities to perform functions (s 42). The Minister also bears responsibility for recommending grants to the Treasurer (s 53(2)), for dealing with appeals in writing from persons aggrieved by acts or decisions under the Part with absolute discretion (s 58), and for making or directing arbitration of compensation claims where amount cannot be agreed (s 56(3)).

Rights include the right to compensation where a person suffers loss, damage or injury as a result of compliance with emergency regulations or engagement in implementing them, except for personal injury and certain losses under prohibitions on sale or supply (s 56(1)). Claimants must make claims in the prescribed manner or a form and time approved by the Governor (s 56(2)). Where there is no agreement on compensation amount, the Minister must direct arbitration by an arbitrator chosen from Supreme Court and District Court judges (s 56(3)). The arbitration procedure is to be as determined by the arbitrator but, so far as practicable, similar to Supreme Court civil procedure (s 56(4)). Section 56(5) instructs that losses which were sustained in like manner by the community at large or by any substantial portion of the community are not to be taken into account when assessing compensation,this is a substantive limitation on recoverable loss.

Other rights include procedural protections: every emergency order must be published and communicated (s 43(3)-(4)), and a declaration must be laid before both Houses and is subject to revocation if not ratified within 30 days (s 44). Section 55 preserves existing rights to recover damages in respect of personal injury despite the immunity in s 54. Section 50(8) provides a defence of reasonable excuse to prosecutions for failure to comply with a direction under the Part.

Statutory evidentiary presumptions operate as rights of proof for the State: a certificate signed by the Minister is prima facie evidence that a state of emergency existed, or that a delegation was in force, or that a person was performing specified powers or duties (s 62(1)). Section 62(2) creates a presumption that all conditions and preliminary steps precedent to making a declaration have been complied with absent contrary evidence.

The Attorney General’s consent requirement for prosecutions (s 60) is a procedural check on enforcement, and magistrates are given jurisdiction to hear summary offences under the Part (s 61). That said, s 54’s broad bar on actions against acts or decisions under the Part limits civil remedies in most cases, subject to the express exceptions in ss 55 and 56.

The Act establishes both criminal offences and enforcement architecture for breaches of the Part, emergency regulations, orders and directions. Section 49(1) makes contravention of any provision of this Part or any emergency regulations an offence. Where an offence under another part of the Act occurs while a state of emergency exists, the offender is liable to the penalty provided for an offence under this Part (s 49(2)). The statute provides a clear monetary penalty for individuals where no other penalty is expressed: $10,000 (s 49(3)(a)). For bodies corporate, the court may impose a fine “as the court thinks just” with specific regard to financial advantage the body gained or might have gained from the contravention (s 49(3)(b)). This gives judicial discretion on corporate fines rather than a fixed maximum.

The Act treats failures to comply as continuing offences in two contexts. If an offence is committed by failure to comply with a provision, the offence is treated as continuing so long as the failure continues, even if any statutory period has elapsed (s 49(4)). Similarly, if an offence arises from failure to comply with requirements within a period specified in an order, the offence is deemed to continue so long as the requirement remains undone, notwithstanding that the period has elapsed (s 49(5)). Section 49(6) makes clear that each day the continuing offence persists is treated as an additional offence attracting the same penalty regimen, potentially leading to cumulative daily liability.

Section 59 criminalises falsification and false statements: using or possessing documents issued for purposes of the Part with intent to deceive, producing false returns or documents, and knowingly or recklessly furnishing materially false information are offences (s 59(1)-(2)). Section 48 criminalises retaliation, discrimination or intimidation against persons who participate in emergency supply or distribution operations.

Enforcement process features include the Attorney General’s consent to commence prosecutions for contraventions (s 60(1)); a writing purporting to show that consent is, absent proof to the contrary, evidence of consent (s 60(2)). Summary offences under the Part are to be heard by magistrates (s 61). Orders and directions create offences for contravention or failure to comply (ss 50(7)-(8)), but a defendant has a statutory defence of reasonable excuse in respect of a failure to comply with a direction (s 50(8)).

Practical enforcement tools are supported by evidentiary provisions. A certificate signed by the Minister certifying that a state of emergency existed or that a delegation was in force is admissible and prima facie evidence of those facts (s 62(1)), and it is presumed absent contrary evidence that all conditions and steps precedent to a declaration were complied with (s 62(2)). This shifts evidential burdens in proceedings involving the existence or scope of the emergency.

Administrative enforcement is backed by the Minister’s power to delegate (s 51) and to direct departments, instrumentalities and persons (s 42), and by the ability to confer order-making powers to Ministers under regulations (s 50(1)). Financial enforcement or inducement may occur through imposition and recovery of charges in connection with control schemes (s 47(2)(h)).

The Act creates explicit primacy for its emergency measures over other legal instruments. Section 41(1) states that provisions of this Part prevail where inconsistent with other Acts or subordinate laws. Section 41(2) expands that effect, stating emergency regulations have effect notwithstanding anything in any other Act, law, proclamation, regulation, judgment, award, order, or contract. This language means that, during a declared emergency, emergency regulations made under the Part can displace statutory rights, contractual entitlements, security arrangements and court orders to the extent of inconsistency.

Nevertheless, the Act qualifies that all powers given under the Part are “in aid of and not in derogation from” other powers exercisable apart from the Act (s 41(3)). That formulation suggests the drafters intended the emergency powers to supplement, not to wholly supplant, other powers in ordinary circumstances, although s 41(2) provides a strong operational precedence during emergencies.

Orders made under the Part are to be interpreted as regulations for the purposes of the Interpretation Act 1918 (s 50(6)). The Act’s notes record that the Interpretation Act 1918 was repealed by the Interpretation Act 1984 s 77(1). That footnote in the compilation indicates that the historical cross‑reference to the Interpretation Act 1918 must be read in light of subsequent legislative change. Practitioners should therefore check the current Interpretation Act in force in Western Australia and any transitional provisions to determine how orders are to be interpreted now that the cited 1918 Act has been repealed.

The Act also imposes limits and preserves certain rights in interaction with other laws. Section 54 provides that no action shall be instituted in respect of acts or decisions of the Minister or delegates made under the Part, subject to section 55, which preserves personal injury claims. Section 56 provides a statutory compensation mechanism for persons suffering loss as a result of compliance with emergency regulations, creating an administrative remedy alongside the general bar on civil actions. Section 57 preserves the operation of penalties, investigations and proceedings after the expiry or revocation of regulations, interacting with general rules on the retrospective effect of laws.

There are procedural interactions with parliamentary processes: the Governor must communicate the occasion of the declaration to Parliament (s 43(4)), and an order must be laid before both Houses and is subject to ratification within 30 days or else deemed revoked (s 44). That mechanism interacts with constitutional and standing order regimes governing Parliament’s sittings, including provisions that require recall of Parliament within 14 days in some circumstances (s 43(5)-(6)).

The Attorney General’s consent requirement for prosecutions (s 60) interacts with general prosecutorial discretion and with other statutes that may circumscribe the Crown’s consent functions. Grants and expenses mechanisms (ss 52-53) interact with public finance law: implementation expenses are to be met from moneys provided by Parliament and grants are subject to Ministerial recommendation and conditions.

Finally, emergency regulations may coordinate with national bodies (s 47(2)(a)), creating a statutory pathway for the State regime to interface with Commonwealth law, federal agencies or national response mechanisms, although s 41(2) suggests State emergency regulations will operate notwithstanding inconsistencies with other instruments, subject to constitutional limits that are not addressed in the text. Practitioners should therefore map the Part’s instruments against relevant statutory frameworks (public finance, procurement, administrative law, contract law, and national emergency arrangements) when advising clients.

The compilation table and marginal notes in the Act record the statutory amendments and reprints that have modified this Part since the original 1972 enactment. The Act was assented to on 13 October 1972 and commenced on 3 November 1972 (Compilation table). In 1974, the Acts Amendment (State Energy Commission) Act 1975 amended the Act, and Part II of the original Act (sections 5-40) has been deleted (Compilation table; header notes). Subsequent amendments relevant to Part III include insertion of the Part heading and provisions in 1974 (No. 22 of 1974). The Energy Corporations (Transitional and Consequential Provisions) Act 1994 s 109 made amendments commencing 1 January 1995, followed by amendments by the Local Government (Consequential Amendments) Act 1996 (No. 14 of 1996), and later minor statutory repeals (No. 10 of 1998).

More recent amendments reflected in the compilation table include the Sentencing Legislation Amendment and Repeal Act 2003 s 65 (No. 50 of 2003) with a commencement date in 2004 that amended s 49 (see marginal note stating s 49 was amended by No. 50 of 2003 s 65(2)), the Courts Legislation Amendment and Repeal Act 2004 s 141 (No. 59 of 2004) with commencement in 2005 affecting s 61 (noted insertion), and the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s 82 (No. 84 of 2004) influencing s 50(8) (marginal note). Reprints of the Act were prepared as at 13 July 2001 and 13 March 2015, incorporating amendments to those dates.

A later amendment is recorded in the compilation table: Statutes (Repeals and Minor Amendments) Act 2025 s 25 (No. 14 of 2025), assented 25 September 2025 and commencing 26 September 2025. The marginal notes in the substantive sections reflect that s 42 and other provisions were amended by No. 14 of 2025 (see notes at s 42). The Act’s title and long title are annotated to reflect an amendment in 2025 (Long title amended: No. 14 of 2025 s. 25(2)).

The text includes deletions of certain sections and schedules: sections 4 and 4A and Part II (s 5-40) were deleted by specific amending Acts (No. 89 of 1994 s 109; No. 10 of 1998 s 76; No. 25 of 1975 s 32), and First and Second Schedules were deleted (No. 25 of 1975 s 33). The marginal note to s 50(6) references the Interpretation Act 1918; the compilation notes record that the 1918 Act has been repealed by the Interpretation Act 1984 s 77(1), indicating later interpretative frameworks may apply to orders.

When advising about historical application or legal interpretation, practitioners should rely on the reprint dates and the specific amendment provisions listed in the compilation table to identify the text in force at any given historical date. The compilation table is the authoritative source for commencement dates and the sequencing of amendments; any further legislative change after the 2025 reprint would need to be checked against updated parliamentary records or the consolidated online statute.

The Act text and compilation materials provided do not record any cases, judicial decisions or reported litigation that interpret Part III. The compilation table and marginal notes list amending Acts and reprints but include no case citations. Practitioners therefore cannot derive judicial construction of the emergency powers, the Act’s supremacy clause (s 41), the scope of compensation exceptions (s 56(1)-(5)), the limits of the immunity in s 54, or the Attorney General consent mechanism (s 60) from the Act text alone. The Act supplies internal dispute resolution routes and adjudicative mechanisms which would factor into litigation patterns if litigated:

• Appeals and administrative review. Section 58 allows a person aggrieved by an act, omission, decision, order or direction under the Part to appeal in writing to the Minister in the prescribed manner, and the Minister may take action in his absolute discretion, which is likely to influence availability of judicial review given the statutory conferral of discretion and the bar on actions in s 54. The Act does not specify judicial review or other external review mechanisms; the Minister’s absolute discretion in s 58 is a statutory provision that a court would likely consider where a judicial review application is filed.

• Compensation arbitration. Section 56(3) requires arbitration by a single arbitrator selected by the Minister from amongst judges of the Supreme Court and District Court where compensation cannot be agreed, and section 56(4) provides for an arbitration procedure akin to Supreme Court procedure. This creates a specialised adjudicative track administered under the Minister’s direction, with judicial actors as arbitrators.

• Prosecution procedure. Section 60 requires the Attorney General’s consent before prosecutions commence, potentially limiting private prosecutions and shaping prosecutorial discretion.

• Evidentiary presumptions. Section 62 provides that a Minister’s certificate is prima facie evidence of the existence of a state of emergency or delegation, which would shape evidentiary content in any litigation.

Because the statute limits civil action against acts done under the Part (s 54) but preserves personal injury claims (s 55) and mandates compensation for certain losses (s 56), litigation where rights are invoked is likely to arise under the compensation mechanism or in respect of alleged breaches of criminal provisions such as false statements (s 59) or intimidation offences (s 48). The absence of reported decisions in the provided material means practitioners must treat statutory language as the primary source and watch for subsequent case law that interprets the Part, particularly on questions of constitutional validity, the reach of s 41(2) against contracts and judgments, and the application of s 54’s immunity in practice.

Several practical and legal traps are present in the statutory text that can catch unwary actors, and these are matters to flag in client advice.

1. Broad inconsistency and contractual displacement. Section 41(2) authorises emergency regulations to operate notwithstanding anything in contracts, judgments, awards or orders of any court or tribunal. That means existing contractual rights, security interests or judicial orders can be displaced during an emergency. Parties should be cautious about relying on pre‑emergency contractual entitlements, including security over stock or priority of payments, because a regulation or order could change allocations or require surrender of supplies.

2. Immunity with limited carve‑outs. Section 54 bars actions and proceedings in respect of acts or decisions under the Part, subject only to s 55’s preservation of personal injury claims and the compensation regime in s 56. This restricts ordinary judicial remedies for economic loss caused by emergency action; claimants must use the compensation procedures in s 56, which prescribes forms, timeframes and arbitration conducted under the Minister’s direction. The Minister also controls selection of an arbitrator from a judge list (s 56(3)), potentially affecting perceptions of independence.

3. Continuing offences and daily exposure. The Act treats defaults as continuing offences (s 49(4)-(6)), with each day counting as a separate offence. This creates the potential for cumulative fines for ongoing non‑compliance and for corporate actors, fines are left to judicial discretion with reference to financial advantage (s 49(3)(b)). Entities must treat compliance as urgent, not merely a one‑off breach.

4. Attorney General consent to prosecutions. Prosecutions require the Attorney General’s consent (s 60), which can limit private prosecutions but also concentrates gatekeeping power in the Attorney General. This procedural stop can affect enforcement timelines and strategic choices about administrative compliance versus negotiating outcomes.

5. Ministerial absolute discretion on appeals. Section 58 gives the Minister absolute discretion to act on appeals made in writing by aggrieved persons, and the Minister’s determination is to be given effect. This is a statutory vesting of administrative finality in the Minister and may constrain judicial review or require specific legal strategies when contesting decisions.

6. Delegation and shifting responsibility. Section 51 permits the Minister to authorise others to exercise powers in the Minister’s place, and where the exercise depends on the Minister’s discretion, that reference is read as referring to the delegate. This allows operational flexibility but can diffuse accountability and complicate challenges to administrative decisions because delegations can extend to discretionary judgments.

7. Evidence presumptions favouring the State. Section 62 makes Ministerial certificates prima facie evidence of emergency existence or delegation, and presumes compliance with conditions and preliminary steps in the absence of contrary evidence (s 62(2)). That evidentiary posture raises the bar for private actors to disprove the existence or validity of an emergency instrument.

8. Compensation limitations and exclusions. Compensation excludes personal injury and losses that arise from prohibitions, limitations or restrictions on sale or supply (s 56(1)(a)-(b)), and expressly excludes community‑wide losses from the calculation of individual recoverable loss (s 56(5)). Clients seeking full recompense for business interruption or reduced revenues may find recoveries limited. Moreover, the claimant must follow prescribed forms or Governor‑approved forms and time limits (s 56(2)), which can be procedural pitfalls.

9. Orders treated as regulations under a repealed Interpretation Act reference. Section 50(6) applies the Interpretation Act 1918 to orders; the compilation notes that that Act was repealed by the Interpretation Act 1984 s 77(1). Practitioners must check current interpretive rules and transitional provisions to understand how orders are to be construed today rather than relying on the obsolete cross‑reference.

10. Penalty disparity and uncertainty for corporates. The Act fixes an individual fine but leaves corporate fines to judicial determination (s 49(3)), so corporate exposure may be unpredictable and could be influenced by the court’s assessment of financial advantage rather than a clear statutory scale.

These “gotchas” are grounded in the statutory language and create practical compliance, litigation and negotiation risks for affected actors.

Actors likely to be regulated under a declared emergency should adopt practical compliance measures aligned with the statutory requirements and procedural traps identified in this Part.

1. Monitor declarations and publications. A declaration must be publicised and published in the Gazette (s 43(3)(a)-(b)). Entities should monitor Government notices, the Gazette and official Ministerial communications to identify when a state of emergency is declared and whether it extends to their geographic area or sector. The Governor must forthwith communicate the occasion to Parliament (s 43(4)), but practical notice relies on the publicisation requirements.

2. Maintain readiness to submit returns and statutory declarations. Emergency regulations may require returns and information, including statutory declarations, from producers, holders, suppliers, transporters and users (s 47(2)(e)). Firms should have templates, record systems and authorised officers ready to prepare, verify and deliver returns promptly, and preserve documentary provenance to resist allegations of false statements under s 59.

3. Implement traceable inventory and allocation controls. Because regulations may ascertain holdings and administer resources (s 47(2)(b)), and may impose rationing or permit schemes (s 47(2)(c)), businesses should have auditable stock records, chain of custody processes, and allocation policies. If permits become required under orders (s 50(4)), entities must adjust commercial processes to check for licences before fulfilling supplies.

4. Prepare internal compliance protocols and escalation paths. Given continuing offence exposure (s 49(4)-(6)) and the possibility of daily fines, organisations need escalation protocols to remedy defaults swiftly and to document steps taken to comply. Reasonable excuse is a statutory defence to failure to comply with a direction (s 50(8)); maintaining documentary proof of attempts to comply and of constraints that prevented compliance will be crucial.

5. Train staff on anti‑intimidation and whistleblower protection. Section 48 criminalises intimidation or discrimination against persons participating in emergency operations. Employers should train managers and operational staff to avoid reprisals and to protect personnel engaged in government‑directed supply operations.

6. Preserve rights and pursue compensation carefully. If an entity suffers loss as a result of compliance or engagement under emergency regulations, it should file compensation claims in the prescribed manner or in a form and time approved by the Governor (s 56(2)). Keep complete records of losses, the causal link to compliance, and evidence separating personal injury losses (which are excluded under s 56(1)(a)) and losses falling within the prohibitions on sale or supply (s 56(1)(b)). Be prepared for arbitration if agreement on quantum cannot be reached; the Minister directs referral to a judge arbitrator (s 56(3)) and the arbitration procedure may mirror Supreme Court practice (s 56(4)).

7. Engage early with Ministerial and Treasury processes for grants and costs. Local governments and statutory bodies may be eligible for grants under s 53; Treasurer grants require the Minister’s recommendation and may be made on terms the Minister determines (s 53(1)-(2)). Public authorities should document expenditure and secure Ministerial endorsement for grant applications.

8. Legal preparedness for orders that displace contracts. Because emergency regulations may operate notwithstanding contracts (s 41(2)), legal teams should audit contractual positions, priority arrangements and security interests and assess exposure to regulatory override. Consider insurance coverage, force majeure clauses, and crisis‑management contractual provisions, and prepare legal arguments in case of disputes about the scope of an emergency instrument.

9. Retain evidence to rebut Ministerial certificates if necessary. Section 62 affords Ministerial certificates prima facie weight and presumes compliance with steps precedent. Entities disputing the existence, scope or validity of a declaration should preserve contemporaneous evidence showing the contrary and be prepared to adduce it given the statutory evidentiary presumption.

10. Liaise with the Attorney General’s office and prepare for criminal enforcement exposure. As prosecutions cannot commence without the Attorney General’s consent (s 60), businesses and counsel should establish contact channels with the AG’s office for matters that may lead to enforcement, and should prepare factual narratives, mitigation records and compliance timelines to support any representations.

11. Respect delegation and appeal pathways. Because the Minister may delegate powers (s 51) and appeals under s 58 are directed to the Minister in the prescribed manner, entities should identify the delegated authority contact points and be ready to lodge written appeals in the prescribed form while preserving judicial review options where appropriate.

12. Update interpretive guidance and legal references. Since s 50(6) cross‑refers to the Interpretation Act 1918 (later repealed and replaced), legal teams should confirm the interpretive framework for orders under current Western Australian law, checking the operative Interpretation Act, transitional provisions and any amendatory legislation such as those recorded in the compilation table.

Taking these steps will not eliminate all risk but will reduce legal exposure, improve the chances of securing compensation where due, and position firms and public bodies to respond rapidly and lawfully to emergency measures under the Act.