Credit (Administration) Regulations 1985 01-00-01 Xml

Reprinted under the Reprints Act 1984 as at 16 July 1999

Western Australia

Credit (Administration) Act 1984

Credit (Administration) Regulations 1985

1.Citation

These regulations may be cited as the Credit (Administration) Regulations 1985 1.

2.Commencement

These regulations come into operation on 1 March 1985 1.

3.Interpretation

In these regulations unless the context otherwise requires —

“the Act” means the Credit (Administration) Act 1984;

“the Credit Act” means the Credit Act 1984.

4.Prescribed fees for an application for a licence (s.9)

(1)Subject to this regulation, the prescribed fee payable under section 9(2) in respect of an application for a licence shall be —

(a)where the applicant was the holder of a credit providers licence under the Hire‑Purchase Act 1959 an amount calculated as follows —

where

Fmeans the fee payable; and

Ameans the relevant amount provided by the applicant under the previous licence as determined by the commissioner,

reduced proportionately for each month of the unexpired period of the previous licence that remains after 30 April 1985;

(b)where the applicant was not the holder of a licence under the Hire‑Purchase Act 1959 an amount calculated as follows —

where

Fmeans the fee payable; and

Ameans the actual amount of relevant credit provided in Western Australia by the licensee in the previous 12 months,

but, in any event the amount payable shall be not less than $239 and shall not exceed $16 292.

(1a)Where an applicant for a licence carries on or proposes to carry on business as a credit provider —

(a)as a partner — the fee payable in respect of the application shall be the fee payable under subregulation (1) calculated by reference to the amount of credit provided by the partnership and divided by the number of partners in the partnership at the time of the application and, where the applicant is a partner in more than one partnership, the sum of those amounts;

(b)on his own account and as a partner — the fee payable in respect of the application shall be the sum of the amounts payable under subregulation (1) and paragraph (a).

(1b)Where the applicant is one of the trustees of a trust the provisions of subregulation (1a) apply as though the applicant were a partner and the other trustees were partners.

(2)In subregulation (1) —

“previous licence” means the licence issued to the applicant under the Hire‑Purchase Act 1959 and in force immediately prior to 30 April 1985;

“relevant amount” means the sum of the average monthly amounts of credit under the Hire‑Purchase Act 1959 in the period of 12 months ending on 30 April 1985 to which the Credit Act would have applied had that Act been in force at that time.

[Regulation 4 (erratum in Gazette 3 May 1985 p.1586); amended in Gazette 31 May 1985 p.1903; 21 June 1985 p.2260; 13 June 1986 p.1996; 4 September 1987 p.3517; 29 July 1988 p.2563; 30 June 1989 p.1974; 1 August 1990 p.3651; 13 December 1991 p.6158; 14 August 1992 p.4022; 30 November 1993 pp.6408‑09.]

5.Duplicate licence (s.16(2))

The prescribed fee for the issue of a duplicate licence under section 16(2) of the Act is $21.

[Regulation 5 amended in Gazette 4 September 1987 p.3517; 29 July 1988 p.2563; 30 June 1989 p.1974; 30 November 1993 p.6409.]

6.Inspection fees (s.19)

(1)The fee for an inspection of the Register of Licensed Credit Providers is $10.

(2)The fee for a copy (certified or uncertified) or an extract of an individual registration in the Register of Licensed Credit Providers is $10 for the first page and $2 for each subsequent page.

(3)The fee for a copy (certified or uncertified) or an extract of all registrations in the Register of Licensed Credit Providers is $122.

[Regulation 6 inserted in Gazette 1 August 1990 p.3651; amended in Gazette 13 December 1991 p.6158; 14 August 1992 p.4023; 30 November 1993 p.6409.]

7.Licence fee (s.21(1))

(1)Subject to this regulation, the prescribed fee payable for a licence under section 21(1) of the Act is an amount calculated as follows —

where

Fmeans the fee payable; and

Ameans the average amount of credit as determined by the Commissioner provided by the credit provider under transactions to which the Credit Act applied or applies in each of the 12 months of the period ending on the anniversary of the grant of the licence to the licensee,

but in any event the amount payable shall be not less than $233 and shall not exceed $15 895.

(2)Where a licensee carries on business —

(a)as a partner — the fee payable under section 21(1) of the Act shall be the fee payable under subregulation (1) calculated by reference to the amount of credit provided by the partnership and divided by the number of partners in the partnership at the time that the fee is payable and, where the licensee is a partner in more than one partnership, the sum of those amounts;

(b)on his own account and as a partner — the fee payable under section 21(1) of the Act shall be the sum of the amounts payable under subregulation (1) and paragraph (a).

(3)Where a licensee is one of the trustees of a trust the provisions of subregulation (2) apply as though the licensee were a partner and the other trustees were partners.

[Regulation 7 amended in Gazette 21 June 1985 p.2261; 13 June 1986 p.1996; 4 September 1987 p.3517; 29 July 1988 p.2563; 30 June 1989 p.1974; 1 August 1990 p.3651; 13 December 1991 p.6158; 14 August 1992 p.4023.]

7A.Late fee under s.21(5)

The late fee payable under section 21(5) of the Act shall be calculated as 10% of the licence fee with a minimum of $50.

[Regulation 7A inserted in Gazette 29 July 1988 p.2563.]

8.Prescribed officer (s.49(1)(b))

For the purposes of section 49(1)(b) of the Act —

(a)the Commissioner for Consumer Affairs of the Public Service of the State; and

(b)the Commissioner of Police,

are prescribed officers.

[Regulation 8 inserted in Gazette 10 October 1986 p.3875.]

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Notes

1.This reprint is a compilation as at 16 July 1999 of the Credit (Administration) Regulations 1985 and includes the amendments referred to in the following Table.

Table of Regulations

Citation	Gazettal	Commencement	Miscellaneous
Credit (Administration) Regulations 1985	22 February 1985 pp.699‑700	1 March 1985 (see regulation 2)	Erratum 3 May 1985 p.1586
Credit (Administration) Amendment Regulations 1985	31 May 1985 p.1903	31 May 1985
Credit (Administration) Amendment Regulations (No. 2) 1985	21 June 1985 p.2260	21 June 1985
Credit (Administration) Amendment Regulations 1986	13 June 1986 p.1996	1 July 1986 (see regulation 2)
Credit (Administration) Amendment Regulations (No. 2) 1986	10 October 1986 p.3875	10 October 1986
Credit (Administration) Amendment Regulations 1987	4 September 1987 p.3517	4 September 1987
Credit (Administration) Amendment Regulations 1988	29 July 1988 p.2563	29 July 1988
Credit (Administration) Amendment Regulations 1989	30 June 1989 p.1974	1 July 1989 (see regulation 2)
Credit (Administration) Amendment Regulations 1990	1 August 1990 p.3651	1 August 1990
Credit (Administration) Amendment Regulations 1991	13 December 1991 p.6158	13 December 1991
Credit (Administration) Amendment Regulations 1992	14 August 1992 pp.4022‑3	14 August 1992
Credit (Administration) Amendment Regulations 1993	30 November 1993 pp.6408‑9	30 November 1993

By Authority: JOHN A. STRIJK, Government Printer