Western Australian Current Acts

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BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 - SECT 52

52 .         Enforcement of order other than monetary order or order to do work

        (1)         If, or to the extent that, an order of the Building Commissioner is not an order requiring the payment of money or an order to which section 51 applies, it may be enforced under this section.

        (2)         A person seeking to enforce an order under this section may file in the Supreme Court —

            (a)         a copy of the order that the Building Commissioner has certified to be a true copy; and

            (b)         the person’s affidavit as to the failure to comply with the order; and

            (c)         a certificate from the Building Commissioner stating that the decision is appropriate for filing in the Supreme Court.

        (3)         No charge is to be made for filing a copy of an order, an affidavit or a certificate under this section.

        (4)         On filing, the decision is taken to be a decision of the Supreme Court, and may be enforced accordingly.

        (5)         The enforcement of an order under this section does not affect —

            (a)         anything done under the order before the enforcement; or

            (b)         a penalty that has or may be imposed under section 53 or the State Administrative Tribunal Act 2004 section 95 in respect of the failure to comply; or

            (c)         any action that has or may be taken under the Building Services (Registration) Act 2011 section 57 or 58 in respect of the failure to comply.



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