Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation, unless the contrary intention appears —
commencement day , in relation to a matter, means
the day on which an enabling Act is amended by the State Administrative
Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 so as
to confer jurisdiction on the Tribunal to deal with the matter.
(2) If a matter is
transferred to the Tribunal under the Act section 167 —
(a) the
matter is to be taken to have been commenced in the Tribunal;
(b) the
Tribunal may have regard to any record of the proceedings of the former
adjudicator, including a record of any evidence taken in proceedings before
the former adjudicator;
(c)
anything done or omitted to be done in relation to the matter by a party or
other person before the matter is transferred to the Tribunal under or in
accordance with the procedure that applied before that day is to be taken, as
far as possible, to have been done or omitted under or in accordance with the
procedure applying on and after that day.
(3) If a matter is a
devolved matter as defined in the Act section 167(1) and, immediately
before the commencement day, the enabling Act under which jurisdiction in
relation to the matter is conferred on the Tribunal fixed a time or a time was
fixed under the enabling Act for commencing proceedings in relation to the
matter (the time for making an application ) —
(a) the
time for making an application continues to apply on or after the commencement
day in relation to any application that could have been made before that day;
and
(b)
unless the contrary intention appears, nothing in the Act or the enabling Act,
has the effect of extending or abridging the time for making an application;
and
(c) the
time for making an application may be extended or abridged on or after the
commencement day by the former adjudicator or the Tribunal, as the case may
be, in accordance with any provision made by or under an enabling Act that
applied to that application immediately before the commencement day as if that
provision had not been amended or repealed on the commencement day by the
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 .
[ 29‑32. Deleted: Gazette
6 Aug 2013 p. 3653.]