Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Terms used in this
section have the same meanings as they have in section 75JB.
(2) If a cessation of
ownership or voting control referred to in section 75JB(5f)(a) or (b) is
proposed or contemplated in circumstances where a controlling body will
continue to own and have voting control of B, a person acting on behalf of B,
the parent body or the controlling body, may request the Commissioner to
determine whether in those circumstances the Commissioner would, under
section 75JB(5g), approve the controlling body and waive the claw-back.
(3) The request shall
be in an approved form.
[(4) deleted]
(5) If the
Commissioner is given sufficient information to do so the Commissioner shall
make the requested determination.
(6) If the
Commissioner determines that the controlling body would be approved and the
claw-back waived then, on an application under section 75JB(5g), the
Commissioner shall approve the controlling body and waive the claw-back unless
the Commissioner is of the opinion that in relation to the request for a
determination there was not a full and true disclosure of relevant information
and evidence.
[Section 75JBA inserted by No. 29 of
2000 s. 7; amended by No. 2 of 2003 s. 78; No. 66 of 2003
s. 51.]