Western Australian Current Acts Western Australian Current Acts (1) In this section
—
pawnbroker includes a person who has acted as a
pawnbroker although not under a pawnbroker’s licence held by or on
behalf of the person;
Tribunal means the State Administrative Tribunal.
(2) A pawnbroker
affected by section 69 or 70 may apply to the Tribunal for relief from the
section.
(3) Where an
application is made under subsection (2) the Tribunal after considering the
circumstances, including the conduct of the pawnbroker and the other party to
the contract and any loss suffered by the other party, may refuse to make any
order or may make such order as to the amount (if any) to be paid or recovered
by the other party as it thinks fit.
(4) If the other party
to the contract has suffered loss as a result of a contravention of section 6
or 42 the Tribunal is to ensure in making an order under subsection (3) that
the amount that that party would have been liable to pay but for the
contravention is reduced by an amount that is not less than the amount of the
loss.
(5) A contract has
effect subject to any order made in relation to it under this section.
[Section 73 amended: No. 55 of 2004 s. 899.]