Western Australian Current Acts

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MOTOR VEHICLE DEALERS ACT 1973 - SECT 32N

32N .         SAT’s additional powers as to s. 32K, 32L and 32M orders; schemes for distributing funds

        (1)         The State Administrative Tribunal may, on the application of the Commissioner, the Treasurer, the dealer, or the personal representative of a deceased dealer referred to in an order made under section 32K, 32L or 32M make further orders —

            (a)         discharging or varying any orders so made; and

            (b)         directing that any moneys in an account affected by the order shall be paid to the Treasurer by the financial institution on such terms and conditions as the State Administrative Tribunal thinks fit.

        (2)         The Treasurer, on receiving moneys paid pursuant to an order made under subsection (1)(b) —

            (a)         shall cause the moneys to be credited to a separate Treasurer’s special purpose account established under section 10 of the Financial Management Act 2006 ;

            (b)         may prepare a scheme for distributing the moneys as compensation to each person who —

                  (i)         claims compensation at any time within 6 months after the Treasurer receives the money; and

                  (ii)         proves to the satisfaction of the Treasurer that the person has, in respect of any consignment of a vehicle, sustained loss through any act or omission of the dealer in respect of whose accounts the order was made.

        (3)         When the Treasurer prepares a scheme for distribution the Treasurer shall apply to the State Administrative Tribunal for approval of the scheme and for directions in respect of the scheme.

        (4)         The State Administrative Tribunal may give such directions as it thinks fit in respect of —

            (a)         the separate Treasurer’s special purpose account; and

            (b)         the moneys standing to the credit of the account; and

            (c)         the persons to whom and in what amounts the whole or any portion of the moneys standing to the credit of the account shall be paid by the Treasurer; and

            (d)         the payment of the balance of the moneys then standing to the credit of the account, if any.

        [Section 32N inserted: No. 4 of 2002 s. 57; amended: No. 55 of 2004 s. 780; No. 77 of 2006 Sch. 1 cl. 109(3) and (4); No. 58 of 2010 s. 50.]



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