Western Australian Current Regulations Western Australian Current Regulations (1) The authority to
investigate and determine the matters referred to in subregulation (4)(a)
and (b) shall be known as the War Service Land Settlement Appeal Board.
(2) The Board shall be
constituted as follows —
(a) a
stipendiary or resident magistrate appointed by the Governor, who shall be
chairman; and
(b) one
member representing the department principally assisting in the administration
of the Land Administration Act 1997 to be appointed by the Minister; and
(c) one
member to be nominated by The Returned and Services League of Australia WA
Branch Incorporated.
(3) Every member of
the Board holds office for a period of 2 years from the date upon which
he first takes his seat on the Board by virtue of his appointment and he is
eligible for re‑appointment.
(4) The Board has
jurisdiction to investigate and determine —
(a) an
allegation of the breach of a covenant in the lease at the request of a lessee
or of the State; and
(b) such
matters arising between the settler and the State as the Commonwealth and the
State agree may be referred to it for investigation and determination.
(5) In the absence of
any member of the Board other than the chairman or where a member is
personally interested in a matter referred to the Board for investigation and
determination, a deputy may sit in the place of that member during his absence
or for the determination of the matter in which he is personally interested.
The deputy has all the powers and authority of the member of the Board and
shall be appointed in accordance with this regulation.
(6) The Board may
regulate its own procedure and may conduct its inquiries without regard to
legal forms and shall direct itself by the best evidence it can procure or
that is laid before it.
(7) The decision of
the Board or of a majority of the members of the Board shall in each case be
reported in writing by the Board to the Minister and shall be final and effect
shall be given to every such decision.
[Regulation 24 inserted: Gazette
23 Nov 1955 p. 2865; amended: Gazette 29 Dec 2006
p. 5918; Act No. 47 of 2011 s. 17.]