Western Australian Current Acts Western Australian Current Acts (1) The State
Administrative Tribunal may, on the application, of the Commissioner, the
Treasurer, or the settlement agent, or the personal representative of a
deceased settlement agent, referred to in an order made under the provisions
of section 73, 74 or 78, make further orders —
(a)
discharging or varying any order so made; and
(b)
directing that any moneys in any account affected by an order so made shall be
paid to the Treasurer by the bank or other body on such terms and conditions
as the State Administrative Tribunal thinks fit.
(2) The Treasurer, on
receiving moneys paid pursuant to an order made under subsection (1)(b)
—
(a)
shall cause the moneys to be credited to a separate Treasurer’s special
purpose account established under section 10 of the Financial Management Act
2006 ; and
(b) may
prepare a scheme for distributing the moneys as compensation to each person
who claims compensation at any time within 6 months after the Treasurer
receives the money, and proves to the satisfaction of the Treasurer that the
person has, in respect of any transaction or prospective transaction,
sustained loss through any act or omission of the settlement agent, or
deceased settlement agent or his personal representative, in respect of whose
accounts the order was made; and
(c) may,
if the moneys are not sufficient to pay all proved claims, apportion the
moneys among claimants in proportion to their proved claims and show in the
scheme for distribution how the moneys are so apportioned.
(3) Where the
Treasurer prepares a scheme for distribution he shall apply to the State
Administrative Tribunal for approval of the scheme and for directions in
respect thereof.
(4) The State
Administrative Tribunal may give such directions in respect of the separate
Treasurer’s special purpose account, the moneys standing to the credit
of the account, the persons to whom and in what amounts the whole or any
portion of the moneys standing to the credit of the account shall be paid by
the Treasurer, and as to the payment of the balance of the moneys then
standing to the credit of the account, if any, as it thinks fit.
[Section 79 amended: No. 59 of 1995 s. 84 and 86;
No. 26 of 1999 s. 102(8); No. 55 of 2004 s. 1094; No. 77 of 2006 Sch. 1 cl.
156(6) and (7); No. 58 of 2010 s. 176.]