Western Australian Current Acts Western Australian Current Acts (1) A notice under
section 401(1) of the former provisions that was given to a person before
commencement day is, on and from commencement day, to be taken to be a copy of
a building order served on that person.
(2) Section 111 does
not apply to a notice taken to be a building order under subsection (1).
(3) A review under
section 401(3) of the former provisions that was started, but not finalised,
before commencement day must be dealt with as if the former provisions had not
been amended by Part 15 Division 1, and if the decision to make the
requisition is affirmed or varied on the review —
(a) the
notice is to be taken to be a building order on the terms applying to the
requisition or the requisition on its variation; and
(b)
section 118 applies in relation to non-compliance with an order made on the
review.
(4) Section 115 does
not apply to a notice taken to be a building order under subsection (1)
—
(a) if
no application for review was made before commencement day, until 35 days have
elapsed since the notice was served; or
(b) if
an application for review is made before commencement day, until 14 days have
elapsed since the review was finalised.
(5) A notice under
section 401(4) of the former provisions that was served on a local government
before commencement day is, on and from commencement day, to be taken to be
notification for the purposes of section 112(3)(c).
(6) An application
under section 401(7) of the former provisions that was started, but not
finalised, before commencement day must be dealt with as if the former
provisions had not been amended by Part 15 Division 1.
(7) Despite the
Interpretation Act 1984 section 37(1), section 401(8) of the former provisions
does not apply in relation to an order made under section 401(7) of the former
provisions on or after commencement day, in which case section 118 applies.