5552GOVERNMENT GAZETTE, WA 6 December 2016

5552 GOVERNMENT GAZETTE, WA 6 December 2016 12.4 Local government may undertake requirements of notice If a person fails to comply with a notice referred to in clauses 12.1 or 12.2, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; (b) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (c) recover all costs from the person, as a debt. 12.5 Offence to fail to comply with notice A person who fails to comply with a notice given to him or her under this local law commits an offence. OFFENCES AND PENALTIESPART 13— 13.1 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 13.2 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the clause in Schedule 1. 13.3 Form of notices (1) 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 Local Government (Functions and General) Regulations 1996; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence. 13.4 Evidence of a determination (1) In any legal proceedings, evidence of a determination may be given by tendering the register referred to in clause 2.5 or a certified copy of an extract from the register. (2) If evidence of a determination is provided under subclause (1), it is to be presumed, unless the contrary is proved, that the determination was properly made and that every requirement for it to be made and have effect has been satisfied. (3) Subclause (2) does not make valid a determination that has not been properly made. ———— SCHEDULE 1—PRESCRIBED OFFENCES [cl.13.2] Offences in respect of which a modified penalty applies $ Part 2—Determination in respect of local government property 1 2.4 Failure to comply with a determination 100 Part 3—Activities on local government property 2 3.1 Undertaking activity on local government property without a licence 100 3 3.2(2) Camping on local government property or erecting an unauthorised structure 100 4 3.3(1) Failure to obtain licence to possess, consume or sell liquor 100