Western Australian Consolidated Acts

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HOME BUILDING CONTRACTS ACT 1991 - SECT 31

31 .         Prosecutions

        (1)         A prosecution for an offence against this Act can only be commenced by the Building Commissioner or a person authorised to do so by the Building Commissioner.

        (2)         Subsection (1) does not limit the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1991 section 11.

        (3)         A prosecution for an offence against this Act may be commenced within 3 years after the date on which the offence was allegedly committed, but not later.

        (4)         All prosecutions for offences against this Act are to be heard by a court of summary jurisdiction constituted by a magistrate.

        (5)         In the absence of evidence to the contrary, proof is not required in any proceeding for an offence against this Act —

            (a)         of the authority of a person to take the proceeding; or

            (b)         that a signature on a prosecution notice alleging the offence is the signature of a person authorised to take the proceeding.

        [Section 31 inserted by No. 16 of 2011 s. 124.]

[ 31A.         Deleted by No. 16 of 2011 s. 125]



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