Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If any person
aggrieved by an Order under section 38 desires to question the validity
of that Order on the ground that any requirement of this Act has not been
complied with in relation to the Order the person may, within the period of
28 days after the date on which the Order was published in the Gazette ,
make an application to the State Administrative Tribunal to set aside the
Order for irregularity, and on any such application the State Administrative
Tribunal, if satisfied that the interests of the applicant have been
substantially prejudiced by a failure to comply with any such requirement, may
set aside or amend the Order or any provision contained therein or may make
such other order in the matter as the State Administrative Tribunal thinks fit
and effect shall be given thereto.
(2) Where, on an
application to the State Administrative Tribunal made pursuant to
subsection (1), the State Administrative Tribunal considers that any
person has been unreasonably subjected to expense, or has been subjected to an
unreasonable amount of expense, by any person in relation to the making or
contents of an Order under section 38 the State Administrative Tribunal
may make such order in the matter as it thinks just.
(3) Where an Order
under section 38 is amended by the State Administrative Tribunal,
section 39 applies in relation to that Order as amended.
[Section 42 amended by No. 55 of 2004
s. 503.]