Consumer Credit (Western Australia) Act 1996
Criminal Procedure Act 2004
Consumer Credit (Western Australia) (Infringement Notices) Regulations 2006
These regulations repealed by the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010 s. 4 (No. 14 of 2010) as at 1 Jul 2010 (see s. 2(b) and Gazette 30 Jun 2010 p. 3185).
Western Australia
Consumer Credit (Western Australia) (Infringement Notices) Regulations 2006
Contents
1.Citation1
2.Commencement1
3.Interpretation1
4.Prescribed offences and modified penalties1
5.Authorised officers and approved officers2
6.Forms2
Schedule 1 — Prescribed offences and modified penalties
Schedule 2 — Forms
Notes
Compilation table6
Defined terms
Western Australia
Consumer Credit (Western Australia) Act 1996
Criminal Procedure Act 2004
Consumer Credit (Western Australia) (Infringement Notices) Regulations 2006
These regulations come into operation on the later of —
(a)the day on which they are published in the Gazette; and
(b)the day on which the Criminal Procedure Amendment Regulations (No. 2) 2006 come into operation.
In these regulations —
Commissioner has the same meaning as it has in the Consumer Affairs Act 1971.
4.Prescribed offences and modified penalties
(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).
5.Authorised officers and approved officers
(1)The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes the Criminal Procedure Act 2004 Part 2.
(2)The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.
Schedule 1 — Prescribed offences and modified penalties
[r. 4]
Offences under Consumer Credit (Western Australia) Code |
Modified penalty |
|
s. 18(1), |
Failing to give debtor a copy of contract as presented to debtor for signature ............................. |
|
s. 18(2), |
Failing to give debtor a copy of executed |
|
s. 20(a) |
Entering into credit contract that contravenes Part 2 Division 2 ..................................................... |
|
s. 34(1) |
Failing to provide statement of balances and amounts owing on request ...................................... |
|
s. 76 |
Failing to give statement of pay out figure on request ..................................................................... |
|
s. 140(1) |
Publishing non‑complying advertisement ............... |
$2 000 |
s. 153(1) |
Failing to give copy of lease and prescribed statement to lessee ................................................... |
|
[r. 6]
Form 1 — Infringement notice
Infringement notice |
Infringement |
|
Alleged offender |
Name:Family name |
|
Given names |
||
orCompany name ____________________________________ ACN |
||
Address ________________________________________________ Postcode |
||
Alleged offence |
Description of offence _____________________________________
|
|
Consumer Credit (Western Australia) Code s. |
||
Date //20Time a.m./p.m. |
||
Modified penalty $ |
||
Officer issuing notice |
Name |
|
Signature |
||
Office |
||
Date |
Date of notice //20 |
|
Notice to alleged offender |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Approved Officer — Consumer Credit (Western Australia) Act 1996’) to: Approved Officer — Consumer Credit (Western Australia) Act 1996 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 In person: Pay the cashier at: Department of Consumer and Employment Protection 219 St George’s Terrace, Perth WA If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence and/or vehicle licence may be suspended. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here _______________________________________ |
|
Form 2 — Withdrawal of infringement notice
Consumer Credit (Western Australia) Act 1996 Withdrawal of infringement notice |
Withdrawal no. |
|
Alleged offender |
Name:Family name |
|
Given names |
||
orCompany name _____________________________________ ACN |
||
Address _________________________________________________ Postcode |
||
Infringement notice |
Infringement notice no. |
|
Date of issue //20 |
||
Alleged offence |
Description of offence ____________________________________
|
|
Consumer Credit (Western Australia) Code s. |
||
Date //20Timea.m./p.m. |
||
Officer withdrawing notice |
Name |
|
Signature |
||
Office |
||
Date |
Date of withdrawal //20 |
|
Withdrawal of infringement notice
[*delete |
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. *Your refund is enclosed. or *If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Consumer Credit (Western Australia) Act 1996 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 Signature//20 |
|
1This is a compilation of the Consumer Credit (Western Australia) (Infringement Notices) Regulations 2006. The following table contains information about those regulations.
Citation |
Gazettal |
Commencement |
Consumer Credit (Western Australia) (Infringement Notices) Regulations 2006 |
22 Sep 2006 p. 4088-91 |
22 Sep 2006 (see r. 2(a)) |
These regulations repealed by the Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010 s. 4 (No. 14 of 2010) as at 1 Jul 2010 (see s. 2(b) and Gazette 30 Jun 2010 p. 3185) |
||
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Commissioner3