Shire of Dumbleyung Standing Orders Local Law 2022
Part 15ENFORCEMENT
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PART 15—ENFORCEMENT Division 1—Notices given under this local law 15.1 Offence to fail to comply with a notice A person who fails to comply with a notice given to him or her under this local law commits an offence. 15.2 Local government may undertake requirements of a notice If a person fails to comply with a notice given to him or her under this local law, the local government may do, or arrange to be done, the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in doing so.
3 November 2022 GOVERNMENT GAZETTE, WA 5209 Division 2—Offences and penalties 15.3 Offences and general penalty (1) A person who— (a) fails to do anything required or directed to be done under this local law; or (b) does an act or omits to do an act contrary to this local law, commits an offence. (2) A person who commits an offence under this local law is liable, upon conviction to— (a) a penalty not exceeding $5,000; and (b) if the offence is a continuing offence, an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 15.4 Prescribed offences (1) An offence against an item specified in Schedule 1 is a prescribed offence for the purposes of section 9.16 of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the item in Schedule 1. 15.5 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 Regulations; (b) the form of the infringement notice give under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; 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 Regulations. (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. Division 3—Person to give name and address on demand 15.6 Requirement to give name and address on demand (1) An authorised person may— (a) upon finding a person committing or having committed; or (b) on reasonable grounds suspecting a person of having committed, an offence against this local law, demand from the person the person’s name, place of residence and date of birth. (2) A person from whom information is demanded in accordance with clause 15.6(1) commits an offence if the person— (a) refuses without lawful excuse to give the information; or (b) gives information that is false or misleading in any material particular. ————