5174GOVERNMENT GAZETTE, WA 3 November 2022

5174 GOVERNMENT GAZETTE, WA 3 November 2022 (c) does anything which under this local law that person is prohibited from doing; commits an (2) A person who commits an offence under subclause (1) is liable to— (a) a penalty which is not more than $5,000 and not less than— (i) in the case of a first such offence, $500; and (ii) in the case of a second such offence, $1000; and (iii) in the case of a third or subsequent such offence, $2,500 and (b) if the offence is a continuing offence, a daily penalty which is not more than $500 and not less than $250. (3) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. (4) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2. 10.2 Form of infringement notices (1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Local Government Act 1995 is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; (2) The form of the infringement notice referred to in section 9.16 of the Local Government Act 1995 is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (3) The form of the infringement withdrawal given under section 9.20 of the Local Government Act 1995 is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. 10.3 Other enforcement actions (1) In addition to a penalty imposed under clause 10.1, any expense incurred by the local government in consequence of a breach or non-observance of this local law, in the execution of work directed to be executed by any person and not executed by him or her, must be paid by the person committing the breach for failing to execute the work. (2) On a breach, or successive breaches, by a licensee or a person registered under this local law, the local government may suspend or cancel the licence or registration as the case may be. 10.4 Power of entry into private property This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of the Act.