Western Australian Current Acts Western Australian Current Acts (1) In this section
—
non-compliance —
(a) in
relation to a building order other than a building order (emergency), means
that a person on whom the order is served has not complied fully with the
order within the time specified in the order and has not applied for a review
under section 122; or
(b) in
relation to a building order (emergency), means that a person on whom the
order is served has not complied fully with the order within the time
specified in the order, whether or not a person has applied for review under
section 122.
(2) If there is
non-compliance with an order the permit authority that made the relevant
building order may cause an authorised person —
(a) to
take any action specified in the order; or
(b) to
commence or complete any work specified in the order; or
(c) if
any specified action was required by the order to cease, to take such steps as
are reasonable in the circumstances to cause the action to cease.
(3) The permit
authority may, in a court of competent jurisdiction, recover as a debt from a
person who has been served with a copy of a building order the reasonable
costs and expenses incurred in doing anything under subsection (2) in relation
to the order.
(4) In a proceeding
under subsection (3), a document apparently signed by an authorised certifier
in relation to the permit authority, as defined by section 140(2), specifying
details of the reasonable costs and expenses incurred is, in the absence of
evidence to the contrary, proof of the details specified.