Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Unless the
Commissioner has, pursuant to section 36, advised the dealer and the
purchaser that he proposes to determine the dispute, where a dispute arises as
to any matter or thing referred to in that section, either party may apply to
the Magistrates Court for the dispute to be heard and determined as a
proceeding in that court and upon such an application being made the court
shall hear and determine the matter as expeditiously as possible.
(2) For the purposes
of a proceeding referred to in subsection (1) and subject to this
subsection the Magistrates Court shall have and may exercise all the
powers and functions conferred on the Commissioner under section 37 and
that section shall apply and have effect as if in that section there
were substituted for each reference to the Commissioner a reference to the
Magistrates Court, but —
(a) this
section does not authorise or empower the Magistrates Court to appoint
some other person to hear and determine the dispute; and
(b) the
provisions of section 37A do not apply to or in relation to any
proceeding in the Magistrates Court under this Act.
[Section 38 amended by No. 49 of 1979
s. 19; No. 55 of 2004 s. 778; No. 59 of 2004 s. 141.]
[ 39. Deleted by No. 49 of 1979 s. 20.]
[ 40. Deleted by No. 4 of 2002 s. 62.]
[Heading inserted by No. 87 of 1981 s. 15.]