Inflammable materials
188 Inflammable materials
A notice under section 399(2) of the former provisions that was served on the owner or the occupier of a building before commencement day is, on and from commencement day, to be taken to be a copy of a building order served on those persons.
Section 111 does not apply to a notice taken to be a building order under subsection (1).
Despite the Interpretation Act 1984 section 37(1), on or after commencement day the Magistrates Court, in proceedings under section 399(3) of the former provisions, is not to make an order that authorises a local government to do any of the things set out in that section, in which case section 118 applies.
It is a defence to a charge under section 9 for the accused to prove that the building work that is the subject of the alleged offence was authorised by —
a licence under section 399(4)(a) of the former provisions; or
a consent under section 399(4)(b) of the former provisions; or
an order made on a review mentioned in section 399(5) of the former provisions.
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