Western Australian Current Acts

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MOTOR VEHICLE DEALERS ACT 1973 - SECT 38

38 .         Dispute may be dealt with by Magistrates Court

        (1)         Unless the Commissioner has, pursuant to section 36, advised the dealer and the purchaser that he proposes to determine the dispute, where a dispute arises as to any matter or thing referred to in that section, either party may apply to the Magistrates Court for the dispute to be heard and determined as a proceeding in that court and upon such an application being made the court shall hear and determine the matter as expeditiously as possible.

        (2)         For the purposes of a proceeding referred to in subsection (1) and subject to this subsection the Magistrates Court shall have and may exercise all the powers and functions conferred on the Commissioner under section 37 and that section shall apply and have effect as if in that section there were substituted for each reference to the Commissioner a reference to the Magistrates Court, but —

            (a)         this section does not authorise or empower the Magistrates Court to appoint some other person to hear and determine the dispute; and

            (b)         the provisions of section 37A do not apply to or in relation to any proceeding in the Magistrates Court under this Act.

        [Section 38 amended: No. 49 of 1979 s. 19; No. 55 of 2004 s. 778; No. 59 of 2004 s. 141.]

[ 39.         Deleted: No. 49 of 1979 s. 20.]

[ 40.         Deleted: No. 4 of 2002 s. 62.]

        [Heading inserted: No. 87 of 1981 s. 15.]



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