Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In any proceeding
to recover or consequent on the recovering of the amount due in respect of any
rate, the rating records verified by an officer of the Corporation authorised
by the Corporation, and all entries made or purporting to be made therein, or
certified copies thereof or extracts therefrom, certified as correct by
writing under the hand of an officer of the Corporation authorised by the
Corporation shall be prima facie evidence of the contents of the rating
records and of the due striking of such rate, and of the obligation of the
person charged with the amount payable in respect of such rate to pay the same
without any evidence that the notices required by this Act or other provisions
of this Act or the Water Agencies (Powers) Act 1984 have been given or
complied with.
(2) In any such
proceeding it shall be competent for the party sued to rely on the defence
that he was not at any material time the owner or occupier of the land rated,
but, subject hereto, and except as hereinbefore provided, he shall not raise
by way of defence any matter which might have been raised on an objection, and
such first-mentioned defence shall not be raised by any party who has already
unsuccessfully raised it on an objection, or where an application has been
made to the State Administrative Tribunal for a review following the
disallowance of an objection, in proceedings before the State Administrative
Tribunal.
[Section 108 amended by No. 76 of 1978
s. 67; No. 25 of 1985 s. 253; No. 110 of 1985 s. 115;
No. 73 of 1995 s. 78 and 79; No. 55 of 2004 s. 582.]