(2) The
"owner" of a residential property includes a tenant if the tenant has a right
of exclusive occupation of the property under a lease.
(3) A
"residential property" is a property of a type that would ordinarily be used,
or is intended to be used, as a place of residence or mainly as a place of
residence.
(4) To remove any doubt, it is declared that—
(a) the local law
may fix the number of times that excessive noise must be emitted from a
property before the owner becomes liable to the penalty; and
(b) a property
is not precluded from being a residential property merely because the property
is rented on a short-term basis.
(5) In a proceeding about a contravention of
the local law—
(a) a noise abatement direction given to a person at a
property is evidence of excessive noise being emitted from the property; and
(7) Despite subsection (5) , a defendant may, with the leave of the
court, require the prosecution to call any person involved in the giving of
the noise abatement direction to give evidence at the hearing.
(8) The court
may give leave only if the court is satisfied that—
(a) an irregularity may
exist in relation to the information or the giving of the
noise abatement direction; or
(b) it is in the interests of justice that the
person be called to give evidence.
(9) The chief executive officer may ask
the police commissioner to give the chief executive officer information about
noise abatement directions given to persons in the local government area.
(10) The police commissioner must comply with the request.
