Local Government (Miscellaneous Provisions) Amendment (Smoke Alarms) Act 2007 (WA)

Western Australia

Local Government (Miscellaneous Provisions)

Amendment (Smoke Alarms) Act 2007

Western Australia

Local Government (Miscellaneous Provisions)

Amendment (Smoke Alarms) Act 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

Western Australia

Local Government (Miscellaneous Provisions)

Amendment (Smoke Alarms) Act 2007

No. 34 of 2007

An Act to amend the Local Government (Miscellaneous Provisions)

Act 1960.

[Assented to 21 December 2007]

The Parliament of Western Australia enacts as follows:

Local Government (Miscellaneous Provisions) Amendment (Smoke

Alarms) Act 2007

s. 1

1.             Short title

This is the Local Government (Miscellaneous Provisions)

Amendment (Smoke Alarms) Act 2007.

2.             The Act amended

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

No. 77 of 2006.]

3.             Part IX inserted

After Part VIII the following Part is inserted —

“

Part IX — Smoke alarms in buildings

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

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

(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

Local Government (Miscellaneous Provisions) Amendment (Smoke

Alarms) Act 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 —

(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 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 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 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

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.

”.