Western Australian Current Regulations

PLUMBERS LICENSING AND PLUMBING STANDARDS REGULATIONS 2000 - REG 89

89 .         Remedial action by State under r. 72(5) or 81, recovering cost of

        (1)         The State may recover any reasonable costs and expenses incurred under regulation 72(5) or  81 in a court of competent jurisdiction as a debt due to the State.

        (2)         Costs and expenses incurred under regulation 72(5) are recoverable from the person given the rectification notice under regulation 71.

        (3)         Costs and expenses incurred under regulation 81 are recoverable jointly and severally from the person or persons who carried out the plumbing work that gave rise to the dangerous situation.

        (4)         Costs and expenses incurred under regulation 81 are not recoverable from a person who proves that —

            (a)         the dangerous situation was due to the act or default of another person; and

            (b)         the person took all reasonably practicable measures to prevent the dangerous situation; and

            (c)         the dangerous situation was not attributable to an employee, agent or subcontractor of the person.

        (5)         For the purposes of subregulation (3), plumbing work under Part 4A is taken to have been carried out by the relevant service provider.

        [Regulation 89 inserted: Gazette 28 Jun 2004 p. 2448; amended: Gazette 13 Dec 2016 p. 5626.]