Local Government Property Local Law 2016
5100GOVERNMENT GAZETTE, WA 15 November 2016
Start here
Get a plain-English read of 5100
Turn the raw legal text into a practical explanation grounded in Local Government Property Local Law 2016.
5100 GOVERNMENT GAZETTE, WA 15 November 2016 6.4 Offences and penalties (1) A person who— (a) fails to do anything required or directed to be done under this local law; (b) fails to comply with the requirements of a notice issued under this local law by an authorised person; or (c) does anything which under this local law that person is prohibited from doing, commits an offence. (2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any land or premises, the owner or occupier of the land or premises has the duty of causing to be done the act so required to be done, or of preventing from being done the act forbidden to be done. (3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has continued. 6.5 Modified penalties (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) Unless otherwise specified, the amount of the modified penalty for an offence against any provision of this local law is $150. (3) An authorised person should be satisfied that— (a) commission of the offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable, before giving an infringement notice to a person in respect of the commission of an offence. 6.6 Form of infringement notices For the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in