Western Australian Current Acts Western Australian Current Acts (1) Where an
authorised person or a police officer —
(a) has
given a direction under section 81(1)(a) in relation to any premises which has
not been complied with; or
(b) has
reason to believe that although a direction could be given under
section 81(1)(a) in relation to any premises such a direction would not be
complied with,
that person or officer
may enter the premises and seize any equipment, or part of any equipment,
which is or has been emitting, or contributing to the emission of, noise which
the person or officer considers to be unreasonable.
(2) Subject to
subsection (2a), any equipment seized under subsection (1) is to be delivered,
not later than 7 days after the seizure, to a person who appears to an
authorised person or police officer to be entitled to possession of it, but in
the event of any doubt or dispute as to that entitlement the equipment may be
retained until the doubt or dispute is settled or determined.
(2a) The CEO may
require the person who appears or has been determined to be entitled to
possession of equipment seized under subsection (1) to pay to the CEO the
reasonable costs of seizing and storing the equipment, and the equipment is
not required to be delivered under subsection (2) until those costs have been
paid.
(2b) A person is not
to be required to pay costs under subsection (2a) if that person shows to the
satisfaction of the CEO that the person did not use or cause or allow to be
used the equipment in the way that caused the equipment to emit the
unreasonable noise that resulted in the seizure of the equipment.
(2c) If a person
refuses to pay, or fails to pay within such reasonable time as is specified by
the CEO, the reasonable cost of seizing and storing the equipment, the
equipment may be disposed of in accordance with the regulations.
(3) An authorised
person or police officer who seizes any equipment under this section or a
person who otherwise performs any function under this section in relation to
equipment seized is not liable for any loss, damage or injury of or to the
equipment unless it is shown that the person deliberately failed to take
reasonable care of the equipment.
(4) The regulations
may make provision as to the seizure and storage of equipment under this
section and the manner in which it is to be dealt with.
[Section 81A inserted: No. 50 of 1996 s. 9;
amended: No. 54 of 2003 s. 127; No. 40 of 2020 s. 111(1).]