Small Claims Tribunals Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

SMALL CLAIMS TRIBUNALS.

No. 44 of 1978.

AN ACT to amend the Small Claims Tribunals Act,

1974-1976.

[Assented to 29th August, 1978.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Small Claims	and citation.
Short title

Tribunals Act Amendment Act, 1978.

(2) In this Act the Small Claims Tribunals Act, Act No. 69 of 1974 as

1974-1976 is referred to as the principal Act.	amended by
Acts Nos. 19
of 1975 and 99 of 1976.

(3) The principal Act as amended by this Act may

be cited as the Small Claims Tribunals Act, 1974-

No. 44.] Small Claims Tribunals. [1978.

Section 20

amended. 2. Section 20 of the principal Act is amended by repealing subsection (2) and re-enacting that sub- section as follows

(2) Subject to sections 21 and 22, a Small Claims Tribunal is empowered to make any one or more of the following orders

(a)	an order that requires a party to the proceeding before it (other than the claimant) to pay money to a person specified in the order;
(b)	an order that requires a party to the proceeding before it (other than the claimant) to perform work to rectify a defect in goods or services to which the claim in the proceeding relates;
(c)	in the case of a claim for relief from payment of money-

(i)  an order that money in an amount specified is not due or owing by the claimant to a person specified in the order;

(ii)  an order that requires the claimant to pay money to a person specified in the order;

(d)	an order that dismisses the claim to which the proceeding relates;
(e)	an order that requires a party to the proceeding before it to return any goods to which the claim in the proceeding relates and which are in his possession or control, whether the property therein has passed or not, to a person specified in the order. .

Section 25

amended. 3. Subsection (1) of section 25 of the principal

Act is amended

(a) by deleting the word "form" in line four of paragraph (a) and substituting the words "or in the course of the proceedings";

1978.] Small Claims Tribunals. [No. 44.

(b)	by deleting the word "and" appearing immediately after paragraph (a);
(c)	by deleting the passage "is given." appear- ing at the end of paragraph (b) and substituting the passage "has been given; and"; and
(d)	by adding after paragraph (b) the following paragraph

(c) shall cause notice of the time and

place of the next hearing of the claim

to be given to any person to whom notice of the claim is given after the start of the initial proceedings. .

4. Section 40 of the principal Act is repealed and =d4g.nd

re-enacted as follows— re-enacted.

40. Without limiting the application of the ig=go,

Interpretation Act, 1918 to this Act, in any way, notices ' etc'

it is hereby expressly declared that the

provisions of section 31 of that Act apply to and

in relation to any notice or copy order required

to be given under this Act by the registrar to

any person. .