Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Minister is
of opinion, whether as the result of a report by the building surveyor of the
local government or another person, or otherwise, that a public building in a
district, is improperly constructed so as not to afford rapid and easy exit
from the building, or that it is not of sufficient stability as to its floors,
galleries, staircases, or other parts the Minister may cause a notice to be
served upon the owner or occupier of the building, to the effect that it is
not fit to be used as a public building and stating in what particulars the
building is not fit to be so used, and when a notice is so served it is the
absolute duty of both the owner and the occupier to ensure that the building
is not used by the public or for public purposes until it has been made fit to
be so used nor until the Minister has granted a certificate to that effect.
(2) On each occasion
that a public building is used by the public or for a public purpose after a
notice mentioned in subsection (1) has been served upon the owner or
occupier of the building, and before a certificate that the building is fit
for use as a public building has been so granted, the owner and the occupier
severally commit an offence, to which absence of criminal intention is not a
defence.
Penalty: $5 000.
(3) If the Minister
causes a notice to be served or grants a certificate under the provisions of
this section he shall cause a copy of the notice and a copy of the certificate
to be published in the Gazette and in a newspaper circulating in the district.
[Section 415 amended by No. 113 of 1965
s. 4; No. 81 of 1972 s. 20; No. 74 of 1995 s. 9.70;
No. 11 of 2007 s. 12.]