Western Australian Current Acts

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MOTOR VEHICLE DEALERS ACT 1973 - SECT 37B

37B .         Determinations under s. 37, effect and review of

        (1)         Subject to this section, a determination or an order made pursuant to section 37 is final and conclusive and no appeal shall lie in respect thereof.

        (2)         Where a determination or order made pursuant to section 37

            (a)         requires the payment of money; or

            (b)         requires the performance of work; or

            (c)         purports to grant relief from the payment of money,

                in an amount or to a value, as the case may be, exceeding the sum of $1 000 or such sum as is prescribed, any person who is aggrieved by the determination or order of the Commissioner or person appointed pursuant to section 37(1) may apply to the State Administrative Tribunal for a review of the determination or order.

        (3)         No writ of certiorari , or prohibition, or other prerogative writ shall issue, and no declaratory judgment shall be given in respect of a proceeding taken or to be taken under section 37 before the Commissioner or a person appointed pursuant to section 37(1) or in respect of any determination or order made pursuant to that section unless the court before which such writ or judgment is sought is satisfied that the Commissioner or person had or has no jurisdiction conferred by that section to take the proceeding or that there has occurred therein a denial of natural justice to any party to the proceeding.

        [Section 37B inserted: No. 49 of 1979 s. 18; amended: No. 55 of 2004 s. 777.]



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