Western Australian Current Acts Western Australian Current Acts (1) The Account is to
be held and applied to reimburse a person for the person’s pecuniary or
property loss to the extent of the defalcation of —
(a) a
licensee during any period when the licensee was the holder of a current
triennial certificate; or
(b) a
person who ceased to be the holder of a licence or triennial certificate, if
—
(i)
the defalcation occurred during the period of 6 months
immediately following the day on which the person ceased to be licensed or the
holder of the triennial certificate; and
(ii)
the chief executive officer considers that it is just and
reasonable in the circumstances of the claim.
[(2A) deleted]
(2) The chief
executive officer is to disallow a claim against the Account unless —
(a)
notice of the claim is given in writing to the chief executive officer within
3 years after the day on which the claimant became aware of the defalcation;
or
(b) the
chief executive officer —
(i)
has been given notice in writing of the claim within 6
years after the day on which the claimant became aware of the defalcation; and
(ii)
considers that it is just and reasonable in the
circumstances to deal with the claim even though notice was not given within
the time referred to in paragraph (a).
[Section 93 amended: No. 3 of 2000 s. 7(1) 2 ; No.
77 of 2006 Sch. 1 cl. 156(2); No. 58 of 2010 s. 155; No. 23 of 2014 s. 105;
No. 25 of 2019 s. 86.]