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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government (Miscellaneous Provisions)
Amendment (Smoke Alarms) Bill 2007
CONTENTS
1. Short title 2
2. The Act amended 2
3. Part IX inserted 2
Part IX -- Smoke alarms in buildings
246. Application of this Part 2
247. Local laws may require smoke alarms 2
248. Regulations may require smoke alarms 3
203--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Local Government (Miscellaneous Provisions)
Amendment (Smoke Alarms) Bill 2007
A Bill for
An Act to amend the Local Government (Miscellaneous Provisions)
Act 1960.
The Parliament of Western Australia enacts as follows:
page 1
Local Government (Miscellaneous Provisions) Amendment (Smoke
Alarms) Bill 2007
s. 1
1. Short title
This is the Local Government (Miscellaneous Provisions)
Amendment (Smoke Alarms) Act 2007.
2. The Act amended
5 The amendment in this Act is to the Local Government
(Miscellaneous Provisions) Act 1960*.
[* Reprint 7 as at 16 September 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1, and Act
10 No. 77 of 2006.]
3. Part IX inserted
After Part VIII the following Part is inserted --
"
Part IX -- Smoke alarms in buildings
15 246. Application of this Part
(1) This Part does not apply to a building that is in a
district or part of a district to which Part XV is declared
under section 373(2) not to apply.
(2) This Part does not apply to a building to which Part XV
20 is prevented by section 373(3) or (3a) from applying.
(3) The application of this Part is not limited to buildings
constructed after, or on which building work is done
after, the coming into operation of the Local
Government (Miscellaneous Provisions) Amendment
25 (Smoke Alarms) Act 2007.
247. Local laws may require smoke alarms
(1) Local laws may be made under the Local Government
Act 1995 for the purpose of ensuring that, in prescribed
page 2
Local Government (Miscellaneous Provisions) Amendment (Smoke
Alarms) Bill 2007
s. 3
circumstances, a prescribed building has any smoke
alarm that is needed to satisfy prescribed requirements.
(2) The power given by subsection (1) includes the power
to --
5 (a) impose on a person an obligation for the
purpose of ensuring that any smoke alarm
needed is fitted or maintained;
(b) in circumstances in which a person has failed to
fit or maintain a smoke alarm in accordance
10 with an obligation imposed under this
section --
(i) impose on another person an obligation
to fit or maintain a smoke alarm;
(ii) authorise a local government to do
15 things reasonably necessary to ensure
that a smoke alarm is fitted or
maintained;
(c) give a person who fits or maintains a smoke
alarm in accordance with an obligation imposed
20 under paragraph (b)(i) or as authorised under
paragraph (b)(ii) a right to recover the amount
of the reasonably incurred costs as if it were for
a debt due from a prescribed person.
248. Regulations may require smoke alarms
25 Regulations under the Local Government Act 1995
section 9.60 may deal with a matter specified in
section 247 as if that matter were specified in
Schedule 9.1 to that Act.
".
30
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