Western Australian Current Acts Western Australian Current Acts (1) A notice under
section 399(2) of the former provisions that was served on the owner or the
occupier of a building before commencement day is, on and from commencement
day, to be taken to be a copy of a building order served on those persons.
(2) Section 111 does
not apply to a notice taken to be a building order under subsection (1).
(3) Despite the
Interpretation Act 1984 section 37(1), on or after commencement day the
Magistrates Court, in proceedings under section 399(3) of the former
provisions, is not to make an order that authorises a local government to do
any of the things set out in that section, in which case section 118 applies.
(4) It is a defence to
a charge under section 9 for the accused to prove that the building work that
is the subject of the alleged offence was authorised by —
(a) a
licence under section 399(4)(a) of the former provisions; or
(b) a
consent under section 399(4)(b) of the former provisions; or
(c) an
order made on a review mentioned in section 399(5) of the former provisions.