29. Breach of undertaking

    (1) Where the Board is satisfied that a person who has given an undertaking to the Board under section 28A has at any time during the currency of the undertaking been in breach of that undertaking, or failed to comply with any condition imposed, the Board may refer the matter to the State Administrative Tribunal.

    (2) The State Administrative Tribunal may, with or without discharging the person from any obligation under the undertaking, impose on him

    (a) a penalty or suspension that the State Administrative Tribunal could have imposed in a proceeding in respect of the original matter as a consequence of which he was required to give the undertaking; and

    (b) whether or not imposing a penalty or suspension in relation to the original matter, a penalty in relation to the conduct or omission giving rise to the breach of the undertaking or the failure to comply with the conditions.

    [Section 29 inserted by No. 55 of 2004 s. 956.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.