Western Australian Consolidated Acts (1) On the application
of a person having a proper interest in respect of a provision of the kind to
which section 8(h) refers, the Court may, if it considers it desirable in
all the circumstances (including any question as to the person who is to be
responsible for causing the valuation to be made, any proposal for the making
of such a valuation, or the circumstances attending any valuation made),
direct that in lieu of that paragraph taking effect the provisions of the
instrument shall be varied in such manner as the Court considers most likely
to give practical effect to the intention underlying the instrument, and the
Court may, in addition or in the alternative, make any other order in relation
to the matter that the Court thinks desirable.
(2) Where for the
purposes of the Administration Act 1903 , or any other Act by which no
method of making such a valuation is prescribed, a value is required to be
placed on any property the provision of that Act requiring the valuation shall
have effect as though the provision had been contained in an instrument of the
kind to which section 8(h) refers.
[Section 8A inserted by No. 102 of 1979
s. 4.]