Western Australian Current Acts Western Australian Current Acts (1) Where in the
opinion of the Chief Health Officer any local government has made default in
enforcing or carrying out or complying with any provisions of or in the
exercise of any power conferred by this Act, or any local law or regulation
thereunder, or of any order of the Chief Health Officer, which it is the duty
of such local government to enforce, carry out, comply with, or exercise, the
Chief Health Officer may make an order limiting a time for the performance of
the duty of the local government.
(2) If such duty is
not performed within the time limited in such order, the performance of such
duty may be enforced by writ of mandamus, or the Chief Health Officer may
appoint some person to perform such duty, and shall order that the expenses of
performing the same, together with a reasonable remuneration to the person
appointed for superintending such performance, and amounting to a sum
specified in the order, together with the costs of the proceedings, be paid
out of the funds by the local government in default; and any order made for
the payment of such expenses and costs may be removed into the Supreme Court,
and be enforced in the same manner as if the same were an order of such Court.
(3) Any person
appointed under this section to perform the duty of a defaulting local
government shall, in the performance, and for the purposes of such duty, be
invested with all the powers of such local government, and may enter into
contracts on its behalf, and the Chief Health Officer may, from time to time,
remove any person so appointed, and appoint another in his place.
(4) When the Chief
Health Officer has required any local government to make any local law in
regard to any matter concerning which it is the duty of such authority to make
a local law when so required, and the authority has not, within a period of 2
months from the date of the requisition, made a local law regarding such
matter which the Chief Health Officer is willing to confirm, then the Chief
Health Officer may, in lieu of the local government, make such local law as he
shall consider ought to be made regarding such matter, and any local law so
made by the Chief Health Officer shall, subject to section 345, have effect as
if made by the local government.
[Section 35, formerly section 34, amended: No. 17
of 1918 s. 7; renumbered as section 35: No. 38 of 1933 s. 42; amended: No. 28
of 1984 s. 45; No. 14 of 1996 s. 4; No. 19 of 2016 s. 100.]