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s 198

Action after conviction

In force
Part 16Transitional provisions
Division 1Transitional provisions arising from the enactment of the Building Act

198 Action after conviction

(1)

In this section —

notice means a notice under section 411(1) of the former provisions.

(2)

A notice that was served on the owner and 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 that person.

(3)

Section 111 does not apply to a notice taken to be a building order under subsection (2).

(4)

A review under section 411(3) of the former provisions that was started, but not finalised, before commencement day must be dealt with as if the former provisions had not been amended by Part 15 Division 1, and if the decision to make the requisition is affirmed or varied on the review —

(a)

the notice is to be taken to be a building order on the terms applying to the requisition or the requisition on its variation; and

(b)

section 118 applies in relation to non‑compliance with an order made on the review.

(5)

Despite the Interpretation Act 1984 section 37(1), on or after commencement day the Magistrates Court, on an application under section 411(4) 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 subsection, in which case section 118 applies.

(6)

If a person was convicted of an offence as mentioned in section 411(1) of the former provisions but no notice had been served before commencement day under section 411(2) of the former provisions, a building order may be issued on or after commencement day in respect of the contravention as if the reference in section 112(2)(c) to a contravention of this Act were a reference to a contravention of the former provisions.

(7)

Despite the Interpretation Act 1984 section 37(1), on and from commencement day no memorial is to be registered and no endorsement or notation on the title is to be made under section 412A(1) of the former provisions.

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Section 198 — Action after conviction — Building Act 2011 (Western Australia) — Barrister AI