4576GOVERNMENT GAZETTE, WA 29 August 2022

4576 GOVERNMENT GAZETTE, WA 29 August 2022 (a) a portion of local government property or a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that— (i) does not sublet space to commercial participants; or (ii) does not involve commercial participants in the conduct of the stall or trading. (2) In this clause 8.1, commercial participant means any person who is involved in operating or in conducting any trading activity for personal gain or profit. 8.3 Insurance If required by the local government to hold public liability insurance in respect of the permit holder’s trading activities, a permit holder must produce to an authorised person a current certificate of insurance upon the direction of that authorised person. PART 9—OBJECTIONS AND APPEALS 9.1 Objection and appeal rights Where the local government makes a decision as to whether it will— (a) grant a person consent; or (b) renew, vary or cancel that consent that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that decision. PART 10—MISCELLANEOUS Division 1—Authorised person 10.1 Authorised person to be obeyed A person in or on local government property or a public place— (a) must obey any lawful direction of an authorised person; and (b) must not in any way obstruct or hinder an authorised person in the execution of his or her duties. 10.2 Persons may be directed to leave local government property or a public place An authorised person may direct a person to leave local government property or a public place where he or she reasonably suspects that the person has contravened a provision of this local law. Division 2—Notices 10.3 Liability for damage to local government property or a public place (1) Where a person unlawfully damages local government property or a public place, the local government may by notice in writing to that person require that person within the time specified in the notice to, at the option of the local government, pay the costs of— (a) reinstating the property to the state it was in prior to the occurrence of the damage; or (b) replacing that property. (2) On a failure to comply with a notice issued under clause 10.3(1), the local government may recover the costs referred to in the notice as a debt due to it. 10.4 Notice to remove thing unlawfully placed on thoroughfare Where anything is placed on a thoroughfare contrary to this local law, the local government or an authorised person may give a notice to— (a) the owner or the occupier of the property which abuts that portion of the thoroughfare where the thing has been placed; or (b) such other person who may be responsible for the thing being so placed, requiring the relevant person to remove the thing. 10.5 Notice to repair damage to thoroughfare Where any portion of a thoroughfare has been damaged, the local government or an authorised person may by notice to the person who caused the damage order the person to repair or replace that portion of the thoroughfare. PART 11—ENFORCEMENT Division 1—Notices given under this local law 11.1 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. 11.2 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.

29 August 2022 GOVERNMENT GAZETTE, WA 4577 Division 2—Offences and penalties 11.3 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. 11.4 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. 11.5 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 given 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 11.6 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 14.6(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. ———— SCHEDULE 1—PRESCRIBED OFFENCES [Clause 11.4(1)] ITEM CLAUSE DESCRIPTION MODIFIED PENALTY

1. 2.4 Failure to comply with a determination $300
2. 3.1 Behaviour on local government property which interferes with others $300
3. 3.2 Behaviour on local government property detrimental to $300
4. 3.3 Removing or injuring any fauna on local government $300
5. 3.4 Entering or remaining on local government property while drunk or under the influence of a prohibited drug $300
6. 3.5 Taking or consuming a prohibited drug on local government $300
7. 3.6(1)(a) Failing to wear adequate clothing to prevent indecent exposure on local government property $300
8. 3.6(1)(b) Loitering outside or acting in an inappropriate manner in a toilet block or change room facility on local government $300
9. 3.6(1)(c) Entering or attempting to enter an occupied toilet or other compartment without the consent of the occupier $300