South Australian Current Acts South Australian Current Acts (1) An application may
be made to the Commissioner for—
(a)
payment of the whole amount of the security either to the lessor or the
lessee; or
(b)
payment of a specified amount of the security to the lessor and the balance to
the lessee.
(2) The
application—
(a) must
be in a form approved by the Commissioner; and
(b) may
be made jointly by the lessor and the lessee or by either the lessor or the
lessee.
(3) If the application
is undisputed, the Commissioner must pay out the amount of the bond as
specified in the application.
An application is "undisputed" if it is a joint application by the lessor and
the lessee; or an application by the lessor that the whole of the amount of
the security be paid to the lessee; or an application by the lessee that the
whole of the amount of the security be paid to the lessor. An application that
does not fall into any of those categories, is "liable to be disputed .
(4) If an application
is liable to be disputed, the Commissioner must give the respondent written
notice of the application (in a form the Commissioner thinks appropriate) and
inform the respondent that, if the respondent wants to dispute the
application, a written notice of dispute must be lodged with the Commissioner
within 14 days after service of the notice on the respondent.
If the application was made by the lessor, the lessee is the respondent; if
the application was made by the lessee, the lessor is the respondent.
(5) If the respondent
does not give the Commissioner written notice of dispute within 14 days after
the date of the Commissioner's notice (ie the notice under
subsection (4)), the Commissioner may pay out the amount of the security
as proposed in the application.
(6) If the
Commissioner receives a written notice of dispute before the amount of the
security bond is paid out under subsection (5), the Commissioner must
refer the dispute to the Magistrates Court for determination.
(7) A payment under
this section will be made from the Fund.