Western Australian Consolidated Acts

REAL ESTATE AND BUSINESS AGENTS ACT 1978 - SECT 99

99 .         Service of s. 92, 93, 97 or 98 orders; penalty for breach of

        (1)         The Commissioner shall, as soon as practicable after any order is, on the application of the Commissioner, made under the provisions of section 92, 93, or 98 serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the agent or the personal representative of a deceased agent in whose name the account is kept; and

            (c)         where it is an order under section 98(1)(b) on the Treasurer.

        (2)         An agent, or the personal representative of a deceased agent, shall, as soon as practicable after any order is, on his application, made under the provisions of section 97 or 98 serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the Commissioner; and

            (c)         where it is an order under section 98(1)(b) on the Treasurer.

        (3)         The Treasurer shall, as soon as practicable after any order is, on his application, made under the provisions of section 98 serve or cause to be served a copy of the order —

            (a)         on the manager or other officer for the time being in charge of the office of the bank or other body in which any account referred to in the order is kept; and

            (b)         on the agent, or the personal representative of a deceased agent, in whose name the account is kept; and

            (c)         on the Commissioner.

        (4)         Every person on whom an order is served shall comply with the order and shall permit others affected thereby to do so.

        (5)         A person, in addition to any other penalty or liability he may incur in failing to comply with the order or failing to permit others affected thereby to do so, who omits to do that which he is required under the order to do, or does that which he is prohibited under the order from doing, commits an offence against this Act.

        Penalty: $4 000.

        (6)         This section is sufficient authority and indemnity for complying with an order so made and served.

        [Section 99 amended by No. 43 of 1994 s. 11; No. 59 of 1995 s. 40(1); No. 26 of 1999 s. 99(6)-(8); No. 58 of 2010 s. 134.]