Western Australian Current Acts

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81 .         Orders under this Division

        (1)         The State Administrative Tribunal may make an order sought by the applicant and an order made may be expressed in terms different from the order sought, so long as it does not differ in substance from the order sought.

        (2)         An order made may include such ancillary or consequential provisions as the State Administrative Tribunal thinks fit.

        (3)         The State Administrative Tribunal may order a strata company, an administrator, a proprietor, a person having an estate or interest in a lot or an occupier or other resident of a lot to do, or to refrain from doing, a specified act with respect to a parcel.

        (4)         The State Administrative Tribunal may by order dismiss an application for an order.

        (5)         An application may be withdrawn by the applicant at any time before an order is made.

        [(6)         deleted]

        (7)         The State Administrative Tribunal cannot make any order for the payment of costs in connection with an application for an order except —

            (a)         when allowing an applicant to amend the application, to compensate persons for time unnecessarily spent in connection with the application; or

            (b)         under section 103H(8).

        [(8), (9)         deleted]

        (10)         Except to the extent that the order otherwise provides, an order under this Division (not being an order for payment of money referred to in section 84(1)(a)) ceases to have any force or effect upon the expiration of the period of 2 years that next succeeds the making of the order.

        (11)         Notwithstanding section 36, where an order against a strata company is made under this Division on the application of the proprietor of a lot, the strata company may not levy in respect of that lot a contribution towards the expenses of the strata company in relation to the application.

        [Section 81 amended: No. 58 of 1995 s. 72; No. 55 of 2004 s. 1131 and 1156(2) and (3).]

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