Western Australian Current Acts

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MOTOR VEHICLE DEALERS ACT 1973 - SECT 32K

32K .         Restraining banks etc. from dealing with dealer’s account, SAT’s powers as to

        (1)         Where the Commissioner, on an application made by the Commissioner to the State Administrative Tribunal, shows by evidence on affidavit to the satisfaction of the State Administrative Tribunal that —

            (a)         there are reasonable grounds for believing that there is a deficiency in a trust account of a dealer; or

            (b)         there has been undue or unreasonable refusal, neglect, or delay on the part of a dealer in paying money which was required to be paid into a trust account by the dealer under this Division to a person who is entitled to that money or is authorised to receive the money,

                the State Administrative Tribunal may, if it thinks fit, make an order that the person for the time being in charge of the financial institution in which the trust account is kept be restrained, until the order is made absolute or discharged, from paying out, transferring or otherwise dealing with any moneys standing to the credit of the trust account or any other account kept at the financial institution in the name of the dealer.

        (2)         An order under subsection (1) may —

            (a)         contain such terms and conditions as the State Administrative Tribunal thinks fit; and

            (b)         relate to all or any one or more of the trust or other accounts, as the State Administrative Tribunal determines.

        (3)         The order shall be made in the first instance ex parte, without any notice to the dealer, and is an order to show cause only.

        (4)         Unless the dealer referred to in the order shows to the State Administrative Tribunal within the time specified in the order sufficient cause to the contrary, the order, after proof of service as required by section 32O, shall be made absolute.

        [Section 32K inserted: No. 4 of 2002 s. 57; amended: No. 55 of 2004 s. 780; No. 69 of 2006 s. 25; No. 58 of 2010 s. 46.]



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