Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
notice means a notice under section 417(1) of
the former provisions.
(2) A notice a copy of
which was published under section 417(2) of the former provisions before
commencement day is, on and from commencement day, to be taken to be a copy of
a building order served on each owner and occupier of the building that is the
subject of the notice.
(3) Section 111
does not apply to a notice taken to be a building order under
subsection (2).
(4) A review under
section 417(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 418 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.
(6) If a building is
removed after commencement day the persons entitled are to be paid by the
local government that served the notice the compensation agreed, or in the
absence of agreement, the compensation stated in the notice or determined
following a review mentioned in subsection (4), and if it is not paid by
the local government, they may recover the amount of the compensation and
costs from the local government in a court of competent jurisdiction.