Western Australian Current Acts

BUILDING ACT 2011 - SECT 43

43 .         Occupation, use of buildings to comply with occupancy permits

        (1)         An owner of a building must not occupy or use, or permit the occupation or use of, the building in a way that is —

            (a)         different from the use authorised by an occupancy permit that is in effect for the building; or

            (b)         inconsistent with the building’s classification that is set out in an occupancy permit that is in effect for the building.

        Penalty:

            (a)         for a first offence, a fine of $50 000;

            (b)         for a second offence, a fine of $75 000;

            (c)         for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.

        (2)         An occupier of a building must not occupy or use, or permit the occupation or use of, the building in a way that is —

            (a)         different from the use authorised by an occupancy permit that is in effect for the building; or

            (b)         inconsistent with the building’s classification that is set out in an occupancy permit that is in effect for the building,

                unless, at the time of the alleged offence, the relevant provisions of the occupancy permit had not been brought to the attention of the occupier in any way.

        Penalty:

            (a)         for a first offence, a fine of $50 000;

            (b)         for a second offence, a fine of $75 000;

            (c)         for a third or subsequent offence, a fine of $100 000 and imprisonment for 12 months.