Victorian Repealed Acts

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This legislation has been repealed.

Health Act 1958 - SECT 411

Works to be done by occupier instead of owner

411. Works to be done by occupier instead of owner



(1) Where by or under this Act the owner of any premises is required to do any
act matter or thing or construct any works the council may by the original or
any subsequent order or notice require the occupier to do or construct the
same.

(2) Every such owner or occupier who does not comply with such order or notice
after service thereof and within a time to be specified therein shall be
guilty of an offence against this Act.







(3) Any expenses incurred by an occupier in complying with any such order or
notice-

   (a)  shall (except in the case of a nuisance or cause of offence caused or
        created by or by the default of the occupier) be recoverable by the
        occupier from the owner as money paid to the use of such owner; or

   (b)  may be deducted by the occupier from or set off against any rent then
        due or thereafter at any time to become due; and

   (c)  the owner from or against whom such expenses are so recovered deducted
        or set off (if he is a tenant to another person of the same premises)
        may in like manner recover deduct or set off the said expenses-

notwithstanding any covenant or agreement whatsoever to the contrary.

(4) If the person to whom any such order or notice is addressed does not
comply therewith the council may-

   (a)  carry out the requirements of such order or notice; and

   (b)  recover from such person all costs and expenses incurred by the
        council in so doing.

(5) When any such owner or occupier is from poverty or any other cause unable
in the opinion of the council effectually to carry out any such requirement
the council may without enforcing such requirement enter the premises and
construct the works or do any such act matter or thing.

(6) For the purposes of this section occupier includes, as well as the person
in occupation of any premises, any person in possession of the same or any
agent receiving rent for the same.





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