Western Australian Consolidated Acts Western Australian Consolidated Acts (1) It is a term of
every agreement —
(a) that
the owner shall provide and maintain such locks or other devices as are
necessary to ensure that the premises are reasonably secure; and
(b) that
neither the owner nor the tenant shall alter, remove or add any lock or device
without the consent of the other given at, or immediately before, the time
that the alteration, removal or addition is carried out.
(2) An owner or tenant
who, without reasonable excuse, breaches the term prescribed by
subsection (1)(b) is, in addition to any civil liability that he might
incur by so doing, guilty of an offence and liable to a penalty not exceeding
$4 000.
(3) Where an agent of
an owner, without reasonable excuse, alters, removes or adds a lock or device
without the consent of the tenant given at, or immediately before, the time
that the alteration, removal or addition is carried out, the agent is, in
addition to any civil liability that he might incur by so doing, guilty of an
offence and liable to a penalty not exceeding $4 000.
(4) The liability of
an agent under subsection (3) is in addition to any liability of the
owner in respect of the actions of the agent.
[Section 45 amended by No. 59 of 1995
s. 55.]