Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Whenever a meter
is used —
(a) the
quantity of water shown by the index or register shall be taken prima facie to
be the quantity of water which has actually passed through the meter and been
supplied; and
(b) a
certificate purporting to be signed by an officer of the Corporation stating
the quantities so shown shall in any proceedings in which the quantity of
water is in question be prima facie evidence of the quantity of water
supplied,
but this subsection
does not apply where the meter is found not to be in proper order.
(2) The Corporation
may at any time, and, where requested in writing by the person who will be
liable to pay for water supplied through the meter, shall, cause a test of a
meter to which subsection (1) applies to be made by an officer of the
Corporation or a person appointed by the Corporation.
(3) Where, pursuant to
a request under subsection (2), the Corporation causes a meter to be
tested and upon being so tested the meter is found to register not more than
the quantity of water actually passed through it, the person upon whose
request the test was made shall pay to the Corporation —
(a) the
amount of the prescribed meter testing fee; or
(b) such
greater amount as in the opinion of the Corporation approximates the actual
cost of testing the meter,
as the Corporation may
in each case specify.
(4) A meter shall be
deemed not to be in proper order if —
(a) on
being tested or otherwise, the meter is found not to register within the
limits of error prescribed;
(b) the
meter is found by an officer of the Corporation or a person appointed by the
Corporation to be so damaged or otherwise in such a condition that, in the
opinion of that officer or other person, the meter is likely to inaccurately
show the quantity of water passing through it; or
(c) the
register of the meter is found to be unreadable.
(5) Notwithstanding
by-laws under section 41(1)(l) of the Water Agencies (Powers)
Act 1984 , the Corporation may, where a meter is found to register less
than the quantity of water actually passed through it, deem the quantity
registered to be the quantity actually passed through the meter and supplied,
and a certificate purporting to be signed by an officer of the Corporation
stating the quantity so registered shall, in any proceedings in which the
quantity of water is in question, be sufficient evidence of the matters
stated.
[Section 32 amended by No. 97 of 1981
s. 4; No. 25 of 1985 s. 104 and 107; No. 24 of 1987
s. 70; No. 73 of 1995 s. 63 and 65.]