Western Australian Current Acts Western Australian Current Acts (1) In this section
—
notice means a notice under section 403(4) of the
former provisions.
(2) A notice that was
served on the owner and 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.
(3) Section 111 does
not apply to a notice taken to be a building order under subsection (2).
(4) A review under
section 403(6) 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.
(5) An application
under section 404 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.
(6) Despite the
Interpretation Act 1984 section 37(1) —
(a) in
section 404 of the former provisions the passage “and if the order is
not complied with by the person to whom it is directed, within the time so
fixed, the local government may cause the building, or so much of it as is in
a dangerous condition, to be taken down, repaired or otherwise secured in such
manner as is necessary,”; and
(b)
section 405(1) of the former provisions,
do not apply in
relation to an order made under section 404 of the former provisions on or
after commencement day, in which case section 118 applies.
(7) Despite the
Interpretation Act 1984 section 37(1), on or after commencement day a building
cannot be sold under section 405(2) of the former provisions unless an
agreement for the sale of the building had been made before commencement day.