47Use of power tools on residential premises

47 Use of power tools on residential premises

47 Use of power tools on residential premises

(1) A person is guilty of an offence if—

(a) the person causes or permits a power tool to be used on residential premises in a way that emits noise that can be heard within a residential room of another residential premises, whether or not a door or window to the residential room is open, and

(b) the noise occurs—

(i) on a Saturday, Sunday or public holiday—before 8am or after 8pm, or

(ii) otherwise—before 7am or after 8pm, and

(c) within 10 days of the noise occurring, the person is warned by an authorised officer or enforcement officer not to cause or permit a power tool to be used on residential premises in the way specified in paragraphs (a) and (b), and

(d) the person again causes or permits a power tool to be used on residential premises in that way within 40 days after the warning has been given.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.

(2) In this section—

power tool means a tool actuated by an additional power source and mechanism other than manual power and includes the following—

(a) a powered garden tool, being a tool powered by a petrol engine or an electric motor, including a lawn mower, a lawn trimmer, a blower or sweeper, a garden mulcher, an edge-cutter or a chipper or shredder,

(b) an electric power tool, including a battery-operated power tool,

(c) a pneumatic power tool,

(d) a chainsaw,

(e) a circular saw,

(f) a gas or air compressor.