Western Australian Current Acts

SETTLEMENT AGENTS ACT 1981 - SECT 84

84 .         Disciplinary action, SAT’s powers as to

        (1)         If, in a proceeding commenced by an allegation under section 83 the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may do any one or more of the following things —

            (a)         reprimand or caution the settlement agent;

            (b)         impose a fine not exceeding $10 000 on him;

            (c)         suspend or cancel his licence and any triennial certificate in respect thereof and, in addition, disqualify him either temporarily or permanently, or until the fulfilment of any condition which may be imposed by the State Administrative Tribunal or until the further order of the State Administrative Tribunal, from holding a licence or triennial certificate, or both.

        (2)         There shall be proper cause for disciplinary action if —

            (a)         the State Administrative Tribunal is satisfied that the settlement agent improperly obtained a licence or triennial certificate; or

            (b)         the settlement agent, or any person acting with the authority or upon the instructions of the settlement agent has, in the course of any dealings with a party, or a prospective party, to a transaction, been guilty of conduct that constitutes a breach of any law other than this Act and that prejudices or may prejudice any rights or interests of the party, or prospective party, to the transaction; or

            (c)         the settlement agent is acting or has acted in breach of —

                  (i)         a special condition of his licence or triennial certificate; or

                  (ii)         the requirements of this Act; or

                  (iii)         the settlement agents’ code of conduct;

                or

            (d)         any other cause exists that, in the opinion of the State Administrative Tribunal renders the settlement agent unfit to hold a licence.

        (3)         Where the State Administrative Tribunal suspends or cancels a licence or triennial certificate, or both —

        [(a)         deleted]

            (b)         the licence or triennial certificate as the case requires shall be immediately delivered to the Commissioner by the settlement agent.

        (4)         No penalty provided for elsewhere in this Act in relation to the conduct of a settlement agent is to be taken to limit the powers exercisable by the State Administrative Tribunal under subsection (1).

        [Section 84 amended: No. 59 of 1995 s. 74 and 85; No. 55 of 2004 s. 1090; No. 58 of 2010 s. 176.]