Western Australian Current Acts Western Australian Current Acts (1) Where the
Commissioner, on an application made by the Commissioner to the State
Administrative Tribunal, shows by evidence on affidavit to the satisfaction of
the State Administrative Tribunal that —
(a)
there are reasonable grounds for believing that there is a deficiency in the
trust account of any settlement agent; or
(b)
there has been undue or unreasonable refusal, neglect, or delay on the part of
any settlement agent in paying moneys,
(i)
which are, or may be, or have been payable out of the
trust account of the settlement agent; or
(ii)
which were required to be paid into the trust account by
the settlement agent under the provisions of this Division, to a person who is
entitled thereto or is authorised to receive the moneys,
the State
Administrative Tribunal may, if it thinks fit, make an order that the manager
or other officer for the time being in charge of the bank or other body in
which the trust account or any other account in the name of the settlement
agent is kept be restrained, until the order is made absolute or discharged,
from paying out, transferring or otherwise dealing with any moneys standing to
the credit of the trust account or any other account kept at the bank or other
body in the name of the settlement agent.
(2) An order made
under the provisions of this section may contain such terms and conditions as
the State Administrative Tribunal in the circumstances thinks fit and the
order may relate to all or any one or more of the trust or other accounts, as
the State Administrative Tribunal determines.
(3) The order shall be
made in the first instance ex parte, without any notice to the settlement
agent, and is an order to show cause only.
(4) Unless the
settlement agent referred to in the order shows to the State Administrative
Tribunal within the time specified in the order sufficient cause to the
contrary, the order, after proof of service as required by section 80, shall
be made absolute.
(5) In this section
and in such provisions of other following sections of this Division as relate
to this section or an order made under it —
(a)
trust account includes a bank account, whether a general or a separate account
into which account, moneys received or held by a settlement agent for or on
behalf of any other person are or were required to be paid under this
Division; and
(b)
settlement agent includes a person who has carried on business as a settlement
agent at any time within a period of 12 months prior to the date of the making
of the application under subsection (1).
[Section 73 amended: No. 59 of 1995 s. 84; No. 26
of 1999 s. 102(6); No. 55 of 2004 s. 1094; No. 58 of 2010 s. 176.]