Water Agencies (Infringements) Regulations 1994 01-00-01 Xml

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Western Australia

Water Agencies (Infringements) Regulations 1994

Reprinted as at 16 August 2002

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

		Reprinted under the Reprints Act 1984 as at 16 August 2002

Western Australia

Water Agencies (Infringements) Regulations 1994

CONTENTS

1.Citation1

2.Commencement1

3.Prescribed offences1

4.Modified penalty2

5.Prescribed, authorised and designated persons (s. 103)2

6.Forms3

7.Offence of unauthorised alteration of infringement notices3

Schedule4

Notes

Compilation table7

		Reprinted under the Reprints Act 1984 as at 16 August 2002

Western Australia

Water Agencies (Powers) Act 1984

Water Agencies (Infringements) Regulations 1994

1.Citation

These regulations may be cited as the Water Agencies (Infringements) Regulations 1994 1.

[Regulation 1 amended in Gazette 29 Dec 1995 p. 6301.]

2.Commencement

These regulations come into operation on 1 November 1994.

3.Prescribed offences

The offence under by‑law 2(1) of the Water Agencies (Water Restrictions) By‑laws 1998 is prescribed as an offence that may be dealt with under section 103 of the Act.

[Regulation 3 inserted in Gazette 29 Sep 1998 p. 5407.]

4.Modified penalty

The amount prescribed to apply in respect of each of the offences referred to in regulation 3, if it is dealt with under section 103 of the Act, is $100.

[Regulation 4 amended in Gazette 17 Feb 1998 p. 923; 29 Oct 1999 p. 5403.]

5.Prescribed, authori sed and designated persons (s. 103)

(1)For the purposes of section 103 of the Act and this regulation, a “prescribed person” is a person holding or acting in the office of the Corporation known as —

(a)General Manager, Customer Services Division;

(b)Regional Business Manager, Perth Region;

(c)Regional Business Manager, North West Region;

(d)Regional Business Manager, Mid West Region;

(e)Regional Business Manager, Goldfields Region;

(f)Regional Business Manager, South West Region;

(g)Regional Business Manager, Great Southern Region;

(h)Regional Business Manager, Agricultural Region; or

(i)Manager, Customer Centre.

(2)For the purposes of section 103 of the Act, an “authori sed person” is a person authori sed by a prescribed person to give an infringement notice in respect of an alleged offence under by‑law 2(1) of the Water Agencies (Water Restrictions) By‑laws 1998.

(3)For the purposes of section 103 of the Act, a “designated person” is the person holding or acting in the office of the Corporation known as Manager, Collections.

[Regulation 5 inserted in Gazette 23 Oct 2001 p. 5638‑9.]

6.Forms

The forms set out in the Schedule are prescribed for the respective purposes for which forms are required by section 103(2), (6) and (11) of the Act.

7.Offence of un authori sed alteration of infringement notices

A person who, not being an authori sed person, makes any alteration to an infringement notice commits an offence.

Penalty: $200.

Schedule

[Regulation 5]

Form 1

WATER CORPORATION

INFRINGEMENT NOTICE

Water Agencies (Powers) Act 1984

(section 103(2))No. .............................

Date ......../........./........

.................................................................................................................................

Surname (Block letters)Other names (in full)

Address ..................................................................................................................

Number and street

.................................................................................................................................

Town or suburbPostcode

It is alleged that at .......................... hours on ............................... the ..................

day of .............................. 20....... at ......................................................................

you committed the offence of using water supplied by the Corporation in contravention of the stage of restrictions applicable under by‑law 2 of the Water Agencies (Water Restrictions) By‑laws 1998, contrary to by‑law 2(1).

....................................

Authori sed person

You may dispose of this matter either —

(a)by payment of the modified penalty of $100 within 21 days of the date of this notice by mail to —

Manager, Collections

Water Corporation

PO Box 555

Leederville WA 6900

(make cheques payable to Water Corporation);

(b)by having it dealt with by a court.

If the modified penalty is not paid within the time specified, court proceedings may be taken against you.

Form 2

WATER CORPORATION

WITHDRAWAL OF INFRINGEMENT NOTICE

Water Agencies (Powers) Act 1984

(section 103(6))No. .............................

Date ......../........./........

.................................................................................................................................

Surname (Block letters)Other names (in full)

Address ..................................................................................................................

Number and street

.................................................................................................................................

Town or suburbPostcode

Infringement Notice No. Date ......../........./........

for the alleged offence of using water supplied by the Corporation in contravention of the stage of restrictions applicable under by‑law 2 of the Water Agencies (Water Restrictions) By‑laws 1998, contrary to by‑law 2(1), on —

............................... at .............................................................................................

specifying the modified penalty of $100 is withdrawn.

*No further action will be taken.

*It is proposed to institute court proceedings for the alleged offence.

................................................................................

* General Manager, Customer Services Division

* Regional Manager, ................................ Region

* Delete that which is not applicable

Form 3

Water Corporation

Certificate of Authori sed Person

Water Agencies (Powers) Act 1984

(section 103(11))

(Front)

Water Corporation
	Photograph	…………………………………. Name ………………………………… Employee No.

(Back)

Certificate of Authori sed Person

This is to certify that the person identified on the front of this certificate is authori sed, in accordance with section 103 of the Water Agencies (Powers) Act 1984, to give infringement notices in respect of alleged offences under by‑law 2(1) of the Water Agencies (Water Restrictions) By‑laws 1998.

[Schedule amended in Gazette 29 Dec 1995 p. 6301‑2; 17 Feb 1998 p. 923-4; 29 Sep 1998 p. 5407; 29 Oct 1999 p. 5403; 23 Oct 2001 p. 5639.]

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Notes

1This reprint is a compilation as at 16 August 2002 of the Water Agencies (Infringements) Regulations 1994 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Water Authority (Infringements) Regulations 1994 2	28 Oct 1994 p. 5553‑6	1 Nov 1994 (see r. 2)
Water Agencies (Amendment and Repeal) Regulations 1995 Pt. 8	29 Dec 1995 p. 6301‑2	1 Jan 1996 (see r. 2 and Gazette 29 Dec 1995 p. 6291)
Water Agencies (Infringements) Amendment Regulations 1998	17 Feb 1998 p. 922‑4	17 Feb 1998
Water Agencies (Infringements) Amendment Regulations (No. 2) 1998	29 Sep 1998 p. 5406‑7	29 Sep 1998 (see r. 2)
Water Agencies (Infringements) Amendment Regulations 1999	29 Oct 1999 p. 5402‑3	29 Oct 1999 (see r. 2)
Water Agencies (Infringements) Amendment Regulations 2001	23 Oct 2001 p. 5638‑9	23 Oct 2001

2Now known as the Water Agencies (Infringements) Regulations 1994; citation changed (see note under r. 1).

By Authority: JOHN A. STRIJK, Government Printer