Div 4Responsibilities of licence holders and others

Division 4—Responsibilities of licence holders and others Production of licence A licence holder shall produce to an authorised person her or his licence immediately after being required to do so by that authorised person. Production of licence document for amendment If the CEO or an authorised person amends or renews a licence, the licence holder shall, if required by an authorised person, produce the licence document to the CEO or authorised person for amendment within the period specified by the CEO or authorised person. Return of licence document if licence no longer in effect (1) The person who was the licence holder shall as soon as practicable return the licence document to the local government if a licence— (a) has expired or has not been renewed; (b) has been suspended or cancelled; or (c) has been surrendered. (2) On the cancellation of a licence under clause 10.16 the licence holder is to be taken to have forfeited any fees paid in respect of the licence. Other responsibilities of licence holder A licence holder shall in respect of local government property to which the licence relates— (a) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the property or enforcing any provision of this local law; (b) comply with an instruction from the CEO or an authorised person to take the action specified in the instruction for the purpose of maintaining public safety; (c) leave the local government property in a clean and tidy condition after its use; (d) report any damage or defacement of the local government property to an authorised person; and (e) take all reasonable action to prevent the consumption of any liquor on the local government property unless the licence allows it and a licence has been obtained under the Liquor Control Act for that purpose. Advertising A person shall not advertise, or otherwise hold out in any way, that the person conducts a commercial activity in any public place unless that person holds a licence authorising that commercial activity. NOTICES Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, the CEO or an authorised person may give a notice in writing— (a) to the owner or the occupier of the property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. Notice regarding damage A person who unlawfully removes, damages or interferes with local government property or portion of a thoroughfare commits an offence and may be given a notice in accordance with clause 11.3.

10 November 2022 GOVERNMENT GAZETTE, WA 5335 Notice requirements (1) A notice given under this Part shall— (a) be in writing; (b) given to the person referred to in clause 11.1 or 11.2 as the case may be; (c) specify the reason for giving the notice; (d) the action that is required to be undertaken; and (e) the time within which the work or action is to be undertaken. (2) At the local government’s discretion, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) do the reinstate the property to the state it was in before the removal, damage or interference; (c) replace that property; or (d) pay for the costs of reinstatement or replacement. 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. Local government may undertake requirements of notice If a person fails to comply with a notice referred to in clauses 11.1 or 11.2, 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. OBJECTIONS AND REVIEW Objection and review rights Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment, suspension or cancellation of a licence or consent. OFFENCES AND PENALTIES 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. 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. 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. 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) Unless the contrary is proved, it is to be presumed 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. ————