Western Australian Current Acts Western Australian Current Acts (1) Where the
Commissioner has advised the parties to a dispute that he proposes to
determine the dispute under this section the Commissioner may, after the time
referred to in section 36, and whether or not either party to the dispute has
made any written submissions to him relating to the dispute, determine the
dispute or the Commissioner may appoint some person to hear and determine the
dispute.
(2) Without limiting
the generality of the powers conferred on the Commissioner or person pursuant
to subsection (1), where the Commissioner or person is satisfied —
(a) that
an obligation lies on the dealer under section 34; and
(b) that
the dealer has unreasonably —
(i)
refused or failed to carry out that obligation; or
(ii)
delayed or prevaricated in the carrying out of that
obligation,
the Commissioner or
person may order that any defect required to be repaired or made good under
section 34 shall be repaired or made good by a person named in the order being
a person other than the dealer, but the Commissioner or person shall not so
order until —
(c) not
fewer than 2 quotations of the cost of repairing or making good the defect
have been obtained; and
(d)
where the dealer has alleged that neither of those quotations is reasonable,
the dealer has been afforded an opportunity to present, within such time as
the Commissioner or other person allows, another quotation of that cost.
(2a) In addition to
any other power conferred on the Commissioner or the person appointed pursuant
to subsection (1), where the Commissioner or person is satisfied in relation
to any defect in a vehicle sold by a dealer to a purchaser that —
(a) the
defect is a defect which is, pursuant to section 34, an obligation of the
dealer to repair and that the purchaser has paid the dealer or any other
person for the repair or making good of the defect; or
(b) the
defect is a defect which is not an obligation of the dealer to repair but for
which the dealer has been paid by the purchaser to repair or make good but
which the dealer has refused or failed to repair or make good or has failed to
repair or make good in a proper and workmanlike manner,
the Commissioner or
person may order that the dealer pay to the purchaser any moneys so paid by
the purchaser.
(3) Where an order is
made pursuant to subsection (2) and the purchaser has pursuant to an order
under that subsection contracted to have the defect repaired or made good by a
person other than the dealer, the dealer against whom that order was made
shall be liable to indemnify the purchaser against all costs or expenses
payable by the purchaser pursuant to that contract and the amount of such
indemnity may be sued for and recovered by the purchaser as a debt due from
the dealer to the purchaser.
(4) Where an order is
made pursuant to this section, notwithstanding any Act or law to the contrary
the dealer shall not have a lien over the vehicle to which the order relates
in relation to any work done or purported to have been done in repairing or
making good any defect to which the order relates.
(5) A person shall not
wilfully make any false or misleading statement or claim in or in relation to
any determination or order under this section.
Penalty: $5 000.
[Section 37 amended: No. 49 of 1979 s. 17; No. 4
of 2002 s. 44.]