Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 82

82 .         Interim orders

        (1)         In this section, interim order means an order made under subsection (2).

        (2)         Where an applicant for an order under this Division states in his application that he requests an interim order, the State Administrative Tribunal may, if satisfied on reasonable grounds that by reason of the urgent circumstances of the case it should do so —

            (a)         make under this subsection as an interim order any order that may be made under this Division with respect to the application; and

            (b)         before the expiration of 3 months from the date on which an interim order takes effect and upon a further request made by the applicant, renew the interim order that is in force by serving notice in accordance with section 104 that the order is renewed.

        (3)         An interim order may be made or renewed notwithstanding that the time within which a person may make a written submission has not expired.

        (4)         An interim order made pursuant to an application for an order under this Division ceases to have effect —

            (a)         at the expiration of 3 months from the date on which it takes effect or, where the State Administrative Tribunal has renewed the interim order, at the expiration of 6 months from that date; or

            (b)         where the interim order is revoked by the Supreme Court on appeal from the State Administrative Tribunal; or

            (c)         if the State Administrative Tribunal (or the Supreme Court on appeal from the State Administrative Tribunal) —

                  (i)         makes an order under this Division with respect to the application; or

                  (ii)         dismisses the application.

        (5)         The State Administrative Tribunal may revoke an interim order and, if it does so, shall serve notice in accordance with section 104 that the order has been revoked.

        [Section 82 amended: No. 55 of 2004 s. 1132, 1156(2) and (3) and 1158.]



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