Western Australian Current Acts Western Australian Current Acts (1) The Commissioner
may, with the approval of the Minister, by notice published in the Government
Gazette fix the maximum amount of remuneration that a licensee is to receive
for a service rendered by the licensee in performing the functions referred to
in sections 46 and 47.
(2) The Commissioner
may, with the approval of the Minister, by further notice published in the
Government Gazette , amend or revoke a notice under subsection (1).
(3) An amount fixed
under subsection (1) takes effect on the date on which the notice fixing the
amount is published in the Government Gazette or on such subsequent date as
is specified in the notice.
(3a) If an amount is
fixed under subsection (1) in respect of a service rendered by a licensee, the
licensee is not entitled to receive for that service, in the licensee’s
capacity as a settlement agent, any reward which exceeds that amount in value.
(4) A licensee shall
not, whether directly or indirectly demand, receive, or hold any reward in
contravention of this section.
(5) A person
dissatisfied with the amount of any demand for remuneration rendered to him by
a settlement agent may refer the matter to the Commissioner who, with the
consent in writing of both the settlement agent and the dissatisfied person,
may appoint a suitable person to determine the matter finally in summary
manner; but nothing herein affects the right of a person to allege in other
proceedings that work has not been properly performed or remuneration has not
been duly and lawfully earned.
(6) Any reward
received or held in contravention of this section may be recovered as a civil
debt recoverable summarily in any court of competent jurisdiction.
(7) A person shall
not, whether directly or indirectly, demand, receive or hold any reward for
referring to a licensee any business involving the performance of the
functions of a settlement agent.
(8) A licensee shall
not, whether directly or indirectly, pay or give any reward to any person
referring to the licensee any business involving the performance of the
functions of a settlement agent.
(9) Upon conviction
for an offence against this section a settlement agent and any other person
directly concerned in the commission of the offence or who is liable to
conviction pursuant to Chapter II of The Criminal Code is liable to —
(a) in
the case of an offence against subsection (4), a penalty not exceeding $5 000;
and
(b) in
any other case, a penalty not exceeding $20 000.
(10) Upon the
conviction of a settlement agent for a second or subsequent offence under this
section the convicting court or tribunal may also call upon him to show cause
why his licence should not be cancelled or suspended.
[Section 44 amended: No. 59 of 1995 s. 65; No. 58
of 2010 s. 146 and 176.]