Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of ascertaining whether any of the provisions of this Part or any regulation
made under this Part has been contravened or is not being complied with an
authorised person may at any time enter any public building.
(2) An authorised
person may direct a person to remove any obstruction from —
(a) any
exit, entrance, gangway, passageway or aisle of a public building;
(b) any
road, thoroughfare, lane, right of way or land abutting on an exit or entrance
of a public building.
(3) If it appears to
an authorised person that —
(aa) a
person has opened or is using a public building in respect of which no valid
certificate of approval has been issued; or
(bb) the
number of persons in a public building exceeds the number specified in the
relevant certificate of approval; or
(cc)
there are reasonable grounds to believe that a public building is going to be
used to accommodate a number of persons in excess of the number specified in
the relevant certificate of approval; or
(dd)
whether or not a valid certificate of approval is issued in respect of a
public building, the public building is unsafe or is unsuitable for the use to
which it is being put, or is about to be put,
then the authorised
person may do any one or more of the following —
(a)
close, or cause the closing of, the doors of the public building;
(b)
exclude any person or cause any person to be excluded from entering the public
building;
(c)
direct any person to leave the public building;
(d)
direct the occupier, owner or person in charge of the public building to
comply with one or both of the following requirements —
(i)
to close the public building;
(ii)
to refuse to allow any person to enter or remain in the
public building.
(4) A direction under
subsection (2) or subsection (3)(c) or (d) may be given orally or in writing
and if given orally shall be reduced to writing as soon as is practicable.
(4a) A direction given
under subsection (3)(d)(i) to close a public building remains in force until
it is withdrawn by the written direction of an authorised person given to the
occupier, owner or person in charge of the public building.
(5) A person who
—
(a)
hinders or obstructs an authorised person from entering a public building; or
(b)
enters a public building that has been closed under subsection (3)(a); or
(c) has
been excluded from a public building under subsection (3)(b) and who enters
the public building; or
(d)
refuses or fails to comply with a direction given under subsection (2) or
subsection (3)(c) or (d); or
(e)
publishes or disseminates material stating that an assembly is to be held, or
inviting a person or persons to an assembly, in a public building contrary to
action taken by an authorised person under subsection (3) with respect to the
proposed assembly,
commits an offence.
(6) In any proceedings
for an offence referred to in subsection (5)(d) a statement signed or
purporting to be signed by the authorised person who gave a direction under
subsection (2) or (3)(c) or (d), to which is attached a copy of the direction,
and stating that the direction —
(a) was
given; and
(b) was
given by the authorised person referred to in the statement; and
(c) was
in force at the time specified in the statement,
is, in the absence of
evidence to the contrary, sufficient evidence of the direction and the facts
set out in the statement.
(7) Any statement made
under subsection (6) before the Public Health (Consequential Provisions) Act
2016 section 13 ( section 13 ) comes into operation and that would have been
sufficient evidence in accordance with subsection (6) (as that subsection
existed immediately before section 13 comes into operation) continues to be
sufficient evidence in accordance with subsection (6) as if it had been made
by the authorised person who gave the direction to which the statement
relates.
[Section 179 inserted: No. 59 of 1991 s. 14;
amended: No. 50 of 1996 s. 5; No. 19 of 2016 s. 13.]