Western Australian Current Acts Western Australian Current Acts (1) The Commissioner
may refuse to take any action that the Commissioner is required or authorised
to take under this Act if —
(a) the
taking of that action is dependent on compliance with —
(i)
a requirement of this Act, the Community Titles Act 2018
or the Strata Titles Act 1985 (including any regulations made under those
Acts); or
(ii)
a requirement determined under section 182A; or
(iii)
a requirement of the Electronic Conveyancing Act 2014 or
any participation rules;
and
(b) that
requirement has not been complied with.
(2) For the purposes
of subsection (1), taking an action includes (without limiting subsection (1))
—
(a)
accepting an application under this Act or any regulations made under this
Act; and
(b)
giving a direction to the Registrar.
(3) Before refusing to
take action in the circumstances set out in subsection (1), the Commissioner
may direct the Registrar to give notice of the non-compliance to any person
specified by the Commissioner.
(4) A notice given
under subsection (3) —
(a) must
be served on the person to whom it is directed; and
(b) must
specify a period within which the non-compliance must be rectified; and
(c) may
specify how the non-compliance is to be rectified.
(5) If a notice of
non-compliance given under subsection (3) relates to a document —
(a) the
notice is to be taken to be a notice given under section 192(1) by the
Registrar in relation to the document; and
(b)
section 192 applies accordingly with all necessary changes.
(6) This section does
not limit or affect any other obligation or power to refuse to take any
action.
[Section 192C inserted: No. 2 of 2014 s. 82;
amended: No. 32 of 2018 s. 261.]