1342GOVERNMENT GAZETTE, WA 31 May 2024

1342 GOVERNMENT GAZETTE, WA 31 May 2024 3.2 Form A notice served under clause 3.1 must be in the form indicated in Schedule 2 and contain all necessary information. 3.3 Compliance with a notice An owner or occupier served with a notice under clause 3.1 shall comply with that notice within the time and in the manner specified in the notice. 3.4 Non-compliance with a notice Where an owner or occupier fails to comply with a notice served to them under clause 3.1, the local government may— (a) without payment of any compensation, take the action that was required by the notice; and (b) recover in a court of competent jurisdiction the amount of the expense of the action from that owner or occupier. PART 4—OFFENCES AND PENALTIES 4.1 Offences and penalties (1) A person who— (a) fails to do anything required or directed to be done under this local law; (b) fails to comply with the requirements of a notice issued under this local law by an authorised person; or (c) does anything which under this local law that person is prohibited from doing; commits an offence. (2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any land or premises, the owner or occupier of the land or premises has the duty of causing to be done the act so required to be done, or of preventing from being done the act forbidden to be done. (3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has continued. 4.2 Prescribed offences (1) An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 3— (a) in the case of a first offence the modified penalty will be that prescribed in column 4 of Schedule 3; (b) in the case of a subsequent offence the modified penalty will be that prescribed in column 5 of Schedule 3. (3) An authorised person should be satisfied that— (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable, before giving an infringement notice to a person in respect of the commission of a prescribed offence. 4.3 Form of infringement notices For the purposes of this local law— (a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in