Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person issued
with notice of a decision under section 51(6) may, if not satisfied with
the Commissioner’s decision, refer the matter in accordance with
subsection (2) to the Tribunal for further review.
(2) A reference under
subsection (1) may be made within 7 days of the issue of the notice
under section 51(6).
(3) A review of a
decision made under section 51 shall be in the nature of a rehearing.
(4) The Tribunal shall
act as quickly as is practicable in determining a matter referred under this
section.
(5) On a reference
under subsection (1) the Tribunal shall inquire into the circumstances
relating to the notice and may —
(a)
affirm the decision of the Commissioner; or
(b)
affirm the decision of the Commissioner with such modifications as seem
appropriate; or
(c)
revoke the decision of the Commissioner and make such other decision with
respect to the notice as seems fit,
and the notice shall
have effect or, as the case may be, cease to have effect accordingly.
[(6) deleted]
(7) Pending the
decision on a reference under this section, irrespective of the decision of
the Commissioner under section 51, the operation of the notice in respect
of which the reference is made shall —
(a) in
the case of an improvement notice, be suspended; and
(b) in
the case of a prohibition notice, continue, subject to any decision to the
contrary made by the Tribunal.
[Section 51A inserted by No. 30 of 1995
s. 38; amended by No. 51 of 2004 s. 64, 69(1)-(3) and 98;
No. 36 of 2009 s. 11.]
[Heading inserted by No. 51 of 2004
s. 55.]