Western Australian Current Acts

SETTLEMENT AGENTS ACT 1981 - SECT 80

80 .         Service of s. 73, 74, 78 and 79 orders; penalty for breach of

        (1)         The Commissioner shall, as soon as practicable after any order is, on the application of the Commissioner, made under the provisions of section 73, 74 or 79 serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the settlement agent or the personal representative of a deceased settlement agent in whose name the account is kept; and

            (c)         where it is an order under section 79(1)(b), on the Treasurer.

        (2)         A settlement agent, or the personal representative of a deceased settlement agent, shall, as soon as practicable after any order is, on his application, made under the provisions of section 78 or 79, serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the Commissioner; and

            (c)         where it is an order under section 79(1)(b), on the Treasurer.

        (3)         The Treasurer shall, as soon as practicable after any order is, on his application, made under the provisions of section 79, serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the settlement agent, or the personal representative of a deceased settlement agent, in whose name the account is kept; and

            (c)         on the Commissioner.

        (4)         Every person on whom an order is served shall comply with the order and shall permit others affected thereby to do so.

        (5)         A person, in addition to any other penalty or liability he may incur in failing to comply with the order or failing to permit others affected thereby to do so, who omits to do that which he is required under the order to do, or does that which he is prohibited under the order from doing, commits an offence against this Act.

        Penalty: $4 000.

        (6)         This section is sufficient authority and indemnity for complying with an order so made and served.

        [Section 80 amended: No. 59 of 1995 s. 84 and 85; No. 26 of 1999 s. 102(9)-(11); No. 58 of 2010 s. 176.]