Part 7Miscellaneous

Part 7—Miscellaneous 36—Damage or neglect (1) A person who— (a) intentionally or recklessly damages a State Heritage Place; or (b) engages in conduct knowing that it will or might, or being recklessly indifferent as to whether it will or might, destroy or reduce the heritage significance of a State Heritage Place, (2) A person who undertakes any action that— (a) damages a State Heritage Place; or (b) destroys or reduces the heritage significance of a State Heritage Place, (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (3) A person who— (a) fails to take reasonable care of a State Heritage Place; or (b) fails to comply with any prescribed requirement concerning— (i) the protection of a State Heritage Place; or (ii) the state of repair of a State Heritage Place, (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (4) It is a defence for a charge against subsection (3) if it is proved that the defendant did not know, and could not reasonably be expected to know, that a place was a State Heritage Place. (5) This section does not apply to damage resulting from action authorised by an approval or authorisation under the Development Act 1993 or from operations authorised under the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Offshore Minerals Act 2000. 38—No development orders (1) If the owner of a place is convicted of an offence against section 30 or 36 the Court may, in addition to imposing a penalty for the offence, order that no development of the place may be undertaken during a period (not exceeding 10 years) fixed by the Court except for the purpose of making good any damage caused through the commission of the offence or restoring or maintaining the heritage significance of the place. (2) Before making an order under this section the Court must give— (a) any person with a registered interest in the land constituting the place; and (b) if the land is within the area of a local council—the local council, a reasonable opportunity to make submissions on whether the order should be made and, if made, the term of the order. (3) A person must not undertake development contrary to this section. (a) in the case of a body corporate—$1 000 000; (3a) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). (4) In this section— development has the same meaning as in the Development Act 1993. 38A—ERD Court orders (1) If a person has engaged in conduct in contravention of this Act, an application may be made to the Court for 1 or more of the following orders: (a) an order restraining the person, or an associate of the person, from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person, or an associate of the person, to take such action as may appear appropriate to the Court in the circumstances (including an order to rectify the consequences of any conduct (including an order to make good, to the satisfaction of the Minister, any damage caused by any conduct), or to ensure that a further contravention does not occur); (b) an order that the person pay into the Fund an amount, determined by the Court to be appropriate in the circumstances, on account of any financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the contravention; (c) an order that the person pay into the Fund an amount as a monetary penalty on account of the contravention. (2) Any question that falls to be determined for the purposes of an application under subsection (1) will be determined on the balance of probabilities. (3) The power conferred by subsection (1) may only be exercised by a Judge of the Court. (4) The power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised whether or not it appears to the Court that the person intends to continue to engage in conduct of that kind. (5) The following additional provisions apply in connection with the operation of paragraph (c) of subsection (1): (a) an application may not be made under that paragraph to recover an amount from a person as a civil penalty in respect of a contravention of a provision that constitutes an offence— (i) unless the Minister has served on the person a notice in the prescribed form advising the person that the person may, by written notice to the Minister, elect to be prosecuted for the contravention and the person has been allowed not less than 21 days after service of the Minister's notice to make such an election; or (ii) if the person serves written notice on the Minister, before the making of such an application, that the person elects to be prosecuted for the contravention; (b) the maximum amount that may be required to be paid under that paragraph in respect of a contravention of a provision that constitutes an offence is the amount specified by this Act as the criminal penalty in relation to that contravention; (c) if conduct of a person constitutes a contravention of 2 or more provisions of this Act, an amount may be recovered in relation to the contravention of any one or more of those provisions (provided that the person is not liable to pay more than one amount under that paragraph in respect of the same conduct); (d) in determining the amount to be paid by a person, regard must be had to the following matters: (i) the nature and extent of the contravention; (ii) the heritage significance of any place or object affected by the contravention and any detriment to the public interest resulting from the contravention; (iii) whether the relevant person has previously been found, in proceedings under this Act, to have engaged in similar conduct; (iv) any other matter considered to be relevant; (e) the recovery of an amount under that paragraph constitutes an alternative to any relevant criminal proceedings and accordingly: (i) if an amount is paid under that paragraph, criminal proceedings may not be initiated against the relevant person for an offence constituted by conduct that is the same (or substantially the same) as the conduct alleged to constitute the contravention in relation to which the amount has been paid; and (ii) proceedings for an order under that paragraph, or for the enforcement of such an order, are stayed if criminal proceedings are started or have already been started against the relevant person for an offence constituted by conduct that is the same (or substantially the same) as the conduct alleged to constitute the contravention to which the proceedings relate, and may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person; (f) evidence of information given or evidence of the production of documents by a person in the course of discussions or proceedings with respect to the making of an order under that paragraph in relation to a contravention of this Act is not admissible in criminal proceedings against the relevant person if the conduct alleged to constitute the offence is the same (or substantially the same) as the conduct alleged to constitute the contravention, other than where the criminal proceedings relate to the making of a false or misleading statement. (6) An application under this section may be made— (a) by the Minister; or (b) by a local council; or (c) by any other person acting with the permission of the Court. (7) The Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section. (8) The Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable. (9) A person who fails to comply with an order under subsection (1)(a) is guilty of an offence. (10) If a person fails to carry out any work required by an order under subsection (1), the Minister may cause the necessary work to be carried out and recover the cost of doing so, as a debt, from the person against whom the order was made. 39—Right of entry (1) If the Minister considers it necessary, a person authorised by the Minister may enter and inspect a place, or specimens or artefacts in a place, for the purpose of determining or recording the heritage significance of the place or determining whether a heritage agreement entered into under this Act is being, or has been, complied with. (1a) A person authorised by the Minister may enter and inspect a place, or inspect any object in a place— (a) for the purpose of determining whether a provision of this Act is being, or has been, complied with; or (b) for the purpose of investigating any alleged contravention of this Act. (2) The authorised person may make photographic or other records of the place or specimens or artefacts. (3) An authorised person may exercise powers under this section— (a) with the consent of the occupier of the place; or (b) by warrant under this section. (4) An authorised person may apply to a Magistrate for a warrant under this section. (5) The Magistrate may issue the warrant if satisfied that there are reasonable grounds for authorising the entry and examination of the place or specimens or artefacts in the place without the consent of the occupier. 39A—Protection orders (1) The Minister may issue an order under this section if the Minister believes that the order is reasonably necessary to ensure or secure compliance with any requirement imposed by or under this Act. (2) An order under this section— (a) must be in the form of a written notice served on the person to whom the notice is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must state the grounds on which it is made with reasonable particularity; and (d) may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following: (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or a person specified by the Minister; (ii) a requirement that the person take specified action to protect any place or object from damage or deterioration; (iii) a requirement that the person secure any place or object to a standard specified by the Minister; (iv) a requirement that the person take specified action, including action to make good, to the satisfaction of the Minister, any damage or situation caused, or apparently caused, by the person; (v) a requirement that a person control any specified activity; and (da) may specify that a requirement imposed by the order be done within a specified period or before a specified time; and (e) must state that the person may, within 21 days, appeal to the Court against the order or any subsequent variation of the order. (3) The Minister may, by written notice served on a person to whom an order has been issued under this section, vary or revoke the order. (4) A person to whom an order is issued must comply with the order. (5) If a person fails to comply with the requirements of an order, the Minister may cause any action contemplated by the order to be carried out and recover the cost of doing so, as a debt, from the person against whom the order was made. (5a) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the order is registered under this Part. (5b) A charge imposed on land by this section has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to the registration of the order under this Part in relation to the land. (6) A person taking action under subsection (5) may enter any relevant land at any reasonable time. 39B—Repair orders (1) Subject to this section, if the Minister is satisfied that a State Heritage Place suffers from— (a) neglect or disrepair that risks destroying or reducing the heritage significance of the place; or (b) neglect or disrepair of a kind or extent prescribed by the regulations, the Minister may issue an order under this section (a repair order) to a person in respect of the State Heritage Place that requires the person to carry out specified works or take other specified action for 1 or more of the following purposes: (c) protecting the State Heritage Place from damage, deterioration or destruction due to fire, weather, vermin or other causes; (d) securing the State Heritage Place from intrusion or vandalism; (e) ensuring that maintenance and repair necessary to remedy or prevent serious or irreparable damage or deterioration is carried out in respect of the State Heritage Place. (2) Before issuing a repair order, the Minister must give written notice to the person to whom the order is proposed to be issued of the intention to issue the order, the terms of the proposed order and the period proposed to be specified as the period within which the order is to be complied with. (3) The notice must also state that the person to whom the repair order is proposed to be issued may, within a period (being at least 21 days) specified in the notice, make written representations to the Minister as to why the order should not be issued, or as to the terms of, or period for compliance with, the order. (4) A person given notice of a proposed repair order may, in accordance with the notice, make representations concerning the proposed order. (5) The Minister must consider any representations so made and after doing so may determine to— (a) issue a repair order in accordance with the proposed order; or (b) issue a repair order in accordance with modifications made to the proposed order; or (c) not issue the repair order. (6) If the Minister determines to issue an order in accordance with modifications made to the proposed order, notice under subsection (2) of the proposed order as so modified is not required to be given. (7) A repair order issued under this section must— (a) be in the form of a written notice served on the person to whom the notice is issued; and (b) specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) specify the particulars of the works required to be carried out or action required to be taken; and (d) specify the period within which the works or action must be completed; and (e) state that the person may, within 21 days of the order being issued or a subsequent variation of the order being made, appeal to the Court against the order or variation of the order. (8) The Minister may, at any time, by written notice served on a person to whom a repair order has been issued under this section— (a) after consultation with the person, vary the order (including so as to vary the period specified for compliance with the order); or (b) revoke the order. (9) A person to whom a repair order is issued must comply with the order. (10) If a person fails to comply with the requirements of a repair order, the Minister may cause any works or action contemplated by the order to be carried out and recover the cost of doing so, as a debt, from the person against whom the order was made. (11) A person taking action under subsection (10) may enter any relevant land at any reasonable time. (12) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the repair order is registered under this Part. (13) A charge imposed on land by this section has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to the registration of the repair order under this Part in relation to the land. 39C—Restoration orders (1) The Minister may issue an order under this section (a restoration order) to a person if— (a) the person has carried out works or activities in relation to a State Heritage Place; and (b) the Minister reasonably believes that the works or activities were not authorised by, or carried out in accordance with— (i) development authorisation under the Planning, Development and Infrastructure Act 2016; or (ii) an approval, consent, licence, permit or other authorisation, granted or required under another Act or law, prescribed by the regulations. (2) A restoration order issued to a person may require the person to— (a) rectify any works or activities carried out in relation to the State Heritage Place; or (b) otherwise restore or reinstate the State Heritage Place, as far as is possible, to the condition it was in immediately before the work or activity was carried out. (3) A restoration order under this section must— (a) be in the form of a written notice served on the person to whom it is issued; and (b) specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) specify the particulars of the works required to be carried out or action required to be taken; and (d) specify the period within which the works or action must be completed; and (e) state that the person may, within 21 days of the order being issued or a subsequent variation of the order being made, appeal to the Court against the order or variation of the order. (4) The Minister may, at any time, by written notice served on a person to whom the restoration order has been issued under this section, vary or revoke the order. (5) A person to whom a restoration order is issued must comply with the order. (6) If a person fails to comply with the requirements of a restoration order, the Minister may cause any works or action contemplated by the order to be carried out and recover the cost of doing so, as a debt, from the person against whom the order was made. (7) A person taking action under subsection (6) may enter any relevant land at any reasonable time. (8) If an amount is recoverable from a person by the Minister under this section— (a) the Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the restoration order is registered under this Part. (9) A charge imposed on land by this section has priority over— (a) any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to the registration of the restoration order under this Part in relation to the land. 39D—Registration of orders by Registrar‑General (1) If— (a) the Minister issues a protection order, repair order or restoration order under this Part; and (b) the order is issued in relation to an activity carried out on land, or requires the person to take action on or in relation to land, that constitutes a State Heritage Place, the Minister may apply to the Registrar‑General for the registration of the order in relation to that land. (2) An application under this section must— (a) define the land to which it relates; and (b) comply with any requirement imposed by the Registrar‑General for the purposes of this section. (3) The Registrar‑General must on— (a) due application under subsection (2); and (b) lodgement of a copy of the relevant order, register the order in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar‑General thinks fit. (4) The Minister must, in accordance with the regulations, furnish to the Registrar‑General notice of any variation of an order registered under this section. (5) An order registered under this section (as varied from time to time) is binding on each owner and occupier from time to time of the land. (6) The Registrar‑General must, on application by the Minister, cancel the registration of an order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar‑General thinks fit. (7) The Minister may, if the Minister thinks fit, apply to the Registrar‑General for cancellation of the registration of an order under this section in relation to land, and must do so— (a) on revocation of the order; or (b) on full compliance with the requirements of the order; or (c) if the Minister has taken action under this Part to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister under this Part in relation to the action so taken. (8) The Minister must, as soon as is reasonably practicable, notify each owner and occupier of the relevant land by notice in writing if— (a) an order is registered under subsection (3); or (b) a notice of the variation of an order is registered under subsection (4); or (c) the cancellation of the registration of an order is given effect to under subsection (7). (9) A notice to be given to the occupier of land under subsection (8) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land. 39E—Appeals to ERD Court—protection orders, repair orders and restoration orders (1) A person to whom a protection order, repair order or restoration order has been issued under this Part may appeal to the ERD Court against the order or any variation of the order. (2) An appeal must be made in the manner and form determined by the Court, setting out the grounds of the appeal. (3) Subject to this section, an appeal must be made within 21 days after the order is issued or the variation is made. (4) The Court may, if satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by subsection (3). (5) Unless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal). (6) Subject to subsection (7), the making of an appeal does not affect the operation of the order to which the appeal relates or prevent the taking of action to implement or enforce the order. (7) The Court or the Minister may, on its or the Minister's own initiative or on application by a party to the appeal, suspend the operation of an order until the determination of an appeal. (8) A suspension under subsection (7) may be subject to specified conditions, and may be varied or revoked by the Court or the Minister (as the case requires) at any time. (9) The Court may, on hearing an appeal— (a) — (i) confirm, vary or revoke the order appealed against; or (ii) substitute any order that should have been made at the first instance; or (iii) remit the subject matter of the appeal to the Minister; or (iv) order or direct a person to take such action as the Court thinks fit, or refrain (either temporarily or permanently) from such action or activity as the Court thinks fit; and (b) make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient. 40—Erection of signs The Council may erect such signs or notices as it considers necessary in order to draw attention to the entry of a place in the Register or to an order made under this Act or to the terms or effect of such registration or order. 41—Obstruction A person must not, without reasonable excuse, hinder or obstruct a person acting in the administration of this Act. Maximum penalty: $5 000. 41A—Delegation by Minister (1) The Minister may delegate to any body or person (including a person for the time being holding or acting in a specified office or position)— (a) any of his or her duties, functions or powers (except this power of delegation) under this Act; or (b) any duties, functions or powers that are, under any other Act or statutory instrument, assigned to the Minister for the time being administering this Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in any matter; and (d) is revocable at will. (3) A duty or function performed, or power exercised, by a delegate pursuant to an instrument of delegation under this section is taken to have been performed or exercised by the Minister. (4) The Minister must cause a register to be kept, at a place determined by the Minister, of all delegations made under this section. (6) The register must be made available for inspection (without charge) during normal office hours by members of the public and copies of any item in the register may be taken. 42—General provisions relating to offences (1) For the purposes of proceedings for an offence against this Act— (a) the conduct or state of mind of a director, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; (b) the conduct or state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person. (2) If a body corporate is guilty of a prescribed offence, each director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the director or the chief executive officer (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2a) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence when committed by an individual if the prosecution proves that— (a) the director or chief executive officer (as the case may be) knew, or ought to have known, that there was a significant risk that such an offence would be committed; and (b) the director or chief executive officer (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director or chief executive officer (as the case may be) failed to exercise due diligence to prevent the commission of the offence. (2b) Subsection (2a) does not apply if the principal offence is an offence against section 27(2), 29A or 41. (3) In proceedings for any offence against this Act (except an offence against subsection (2) or (2a)), it will be a defence if it is proved that the alleged offence did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the commission of the offence or offences of the same or a similar nature. (4) Where— (a) a natural person is convicted of an offence against this Act; and (b) the person would not have been convicted of the offence but for the operation of subsection (1), (2) or (2a), the person is not liable to be punished by imprisonment for the offence. (5) The offences constituted by this Act lie within the criminal jurisdiction of the Court. (6) The regulations may make provision in relation to the criminal liability of a director or the chief executive of a body corporate that is guilty of an offence against the regulations. (7) In this section— prescribed offence means an offence against section 30, 36(1), 38, 38A, 39A, 39B or 39C. 42A—Onus of proof in certain offences (1) In any prosecution of an owner of a State Heritage Place for a prescribed offence arising from the substantial damage or destruction of the place (including damage or destruction which occurs as a result of neglect of the place), if the circumstances suggest the owner has not suffered significant financial loss as a result of the damage or destruction the owner is presumed to have caused, or authorised, caused or permitted another person to cause, the damage or destruction unless it is proved that the owner did not do so. (2) In this section— prescribed offence means an offence against section 36, 38, 38A, 39A, 39B or 39C. 42B—Continuing offences (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the person is convicted of the offence, guilty of a further offence against that subsection and liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one‑tenth of the maximum penalty prescribed for that offence. (2) For the purposes of subsection (1) an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed. 43—Service of notices A notice required or authorised by this Act to be given to a person may be given as follows: (a) by personal service on the person or an agent of the person; (b) by leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years; (c) by serving it by post on the person or an agent of the person; (ca) by facsimile transmission or electronic mail to the person's facsimile number or electronic mail address (in which case the document will be taken to have been given or served at the time of transmission); (d) if the whereabouts of the person is unknown—by affixing it in a prominent position on the land to which it relates or publishing a copy of it on a website determined by the Minister or by such other means prescribed by the regulations. 44—Evidence (1) A certified copy of an entry in the Register is admissible in legal proceedings and, in the absence of evidence to the contrary, is to be taken as proof of the entry to which it relates and its contents. (2) In any legal proceedings, an apparently genuine document appearing to be a copy of a heritage agreement certified by the Minister, is, in the absence of proof to the contrary, proof of the agreement and its terms. (2a) In any legal proceedings, an instrument of delegation apparently signed by the Minister will be accepted, in the absence of proof to the contrary, as proof of the delegation. (3) In any legal proceedings, a certificate as to a delegation apparently signed by the Council will be accepted, in the absence of proof to the contrary, as proof of the delegation. (4) In any legal proceedings, an apparently genuine document purporting to be a notice or order, or copy of a notice or order, issued or executed by the Minister will be accepted as such in the absence of proof to the contrary. 45—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require that a person seek and consider the advice of a person with prescribed qualifications, or a person recognised by the Council for that purpose, in relation to a matter arising under this Act that is declared by the regulations to be a matter on which such advice should be sought; and (b) fix or regulate fees (which may be differential fees) for the provision of information or other services by the Council or the making of applications to the Council; and (c) be of general or limited application; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Council or another prescribed authority; and (e) impose penalties, not exceeding $5 000, for a contravention of, or failure to comply with, a regulation; and (f) make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act. (3) A provision of a regulation made under subsection (2)(f) may, if the regulation so provides, take effect from the commencement of the amendment or from a later day. (4) To the extent to which a provision takes effect under subsection (3) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person.