Fair Trading Act 2010

Fair Trading (Infringement Notices) Regulations 2012

 

Fair Trading (Infringement Notices) Regulations 2012

Contents

1.Citation1

2.Commencement1

3.Term used: Commissioner1

4.Prescribed offences under Fair Trading Act 2010 and Australian Consumer Law (WA) and modified penalties1

5.Authorised officers and approved officers2

6.Forms2

Schedule 1 — Prescribed offences under Fair Trading Act 2010 and modified penalties

Schedule 2 — Prescribed offences under Australian Consumer Law (WA) and modified penalties

Schedule 3 — Forms

Notes

Compilation table17

Defined terms

 

Fair Trading Act 2010

Fair Trading (Infringement Notices) Regulations 2012

1.Citation

These regulations are the Fair Trading (Infringement Notices) Regulations 2012.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day after that day.

3.Term used: Commissioner

In these regulations —

Commissioner has the meaning given in the Fair Trading Act 2010.

4.Prescribed offences under Fair Trading Act 2010 and Australian Consumer Law (WA) and modified penalties

(1)The offences under the Fair Trading Act 2010 that are specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)The offences under the Australian Consumer Law (WA) that are specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(3)The modified penalty specified opposite an offence in Schedule 1 or 2 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 of the Criminal Procedure Act 2004 Part 2.

(2)The Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

6.Forms

For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set out in Schedule 3 are prescribed in relation to the matters specified in those forms.

 

Schedule 1 — Prescribed offences under Fair Trading Act 2010 and modified penalties

[r. 4(1) and (3)]


Offences under Fair Trading Act 2010

Modified penalty

$

s. 62(2)

Publishing advertisement that implies approval by consumer affairs authority


1 000

s. 88(1)

Failure to cooperate with investigation

1 000

s. 89(1)

Preventing or attempting to prevent authorised person from entering premises or motor vehicle


200

s. 89(2A)

Preventing or attempting to prevent authorised person from entering business premises


200

s. 89(2)

Obstructing or impeding authorised person in exercise of powers under section 69 or 88E


200

s. 89(3)

Failure to comply with requirement to assist authorised person to execute warrant


200

s. 89(4)

Failure to comply with requirement to furnish access to place or motor vehicle or give other reasonable assistance to authorised person



200

s. 89(5A)

Failure to comply with requirement to furnish access to business premises or give other reasonable assistance to authorised person



200

Schedule 2 — Prescribed offences under Australian Consumer Law (WA) and modified penalties

[r. 4(2) and (3)]


Offences under Australian Consumer Law (WA)

Modified penalty

$

 

For body corporate

For person that is not body corporate

s. 164(1)

Participating in pyramid scheme

6 600

1 320

s. 165(1)

Multiple pricing

1 000

200

s. 166(1)

Failure to specify single price for goods or services

6 600

1 320

s. 174(1)

Failure to give copy of unsolicited consumer agreement not negotiated by telephone

6 600

1 320

s. 174(2)

Failure to give agreement document for unsolicited consumer agreement negotiated by telephone

6 600

1 320

s. 175(1)

Failure to comply with requirements for all unsolicited consumer agreements

6 600

1 320

s. 176(1)

Failure to comply with additional requirements for unsolicited consumer agreements not negotiated by telephone

6 600

1 320

s. 177(1)

Failure to comply with requirements for amendments to unsolicited consumer agreements

6 600

1 320

s. 182(1)

Supplier including void provision in unsolicited consumer agreement

6 600

1 320

s. 188(1)

Failure to comply with requirements in relation to lay‑by agreements

6 000

1 200

s. 189(1)

Supplier of consumer goods being party to lay‑by agreement requiring consumer to pay termination charge

6 000

1 200

s. 192(1)

Failure to comply with prescribed requirements for warranties against defects

6 600

1 320

s. 193(1)

Failure to give notice complying with prescribed requirements in connection with repair of goods

6 600

1 320

s. 194(1)

Supplying consumer goods that do not comply with safety standards

6 600

1 320

s. 194(2)

Offering for supply consumer goods that do not comply with safety standards

6 600

1 320

s. 194(3)

Manufacturing, possessing or having control of consumer goods that do not comply with safety standards

6 600

1 320

s. 194(5)

Exporting consumer goods that do not comply with safety standards

6 600

1 320

s. 195(1)

Supplying product related services that do not comply with safety standards

6 600

1 320

s. 197(1)

Supplying consumer goods covered by ban

6 600

1 320

s. 197(2)

Offering for supply consumer goods covered by ban ............................................

6 600

1 320

s. 197(3)

Manufacturing, possessing or having control of consumer goods covered by ban

6 600

1 320

s. 197(5)

Exporting consumer goods covered by ban

6 600

1 320

s. 198(1)

Supplying product related services covered by ban

6 600

1 320

s. 198(2)

Offering for supply product related services covered by ban

6 600

1 320

s. 199(1)

Refusal or failure to comply with recall notice

6 600

1 320

s. 199(2)

Supplying consumer goods in contravention of recall notice

6 600

1 320

s. 203(1)

Supplying goods without complying with information standards

6 600

1 320

s. 203(2)

Offering for supply goods without complying with information standards

6 600

1 320

s. 203(3)

Manufacturing, possessing or having control of goods without complying with information standards

6 600

1 320

s. 204(1)

Supplying services without complying with information standards

6 600

1 320

s. 204(2)

Offering for supply services without complying with information standards

6 600

1 320

s. 205(1)

Refusal or failure to comply with substantiation notice

3 300

660

Schedule 3 — Forms

[r. 6]

Form 1 — Infringement notice relating to offence under Fair Trading Act 2010


Fair Trading Act 2010

INFRINGEMENT NOTICE

Infringement
notice no.

Alleged offender

Name

 

 

Address

 

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Sectionof the Fair Trading Act 2010

Details of offence

 

 

Date

Date of notice

 

Issuing officer

Name

 

Office

 

Signature

 

Modified penalty

$_____

Penalty

Individual

$_____

You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.

Body corporate

$_____

TAKE NOTICE

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 to the Approved Officer within 28 days after the date of this notice.

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, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.

If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.

If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20
and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.

If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.

How to pay

By post

Tick the relevant box below and post this notice to:

Approved Officer — Fair Trading Act 2010

Department of Commerce

Locked Bag 14

CLOISTERS SQUARE WA 6850

rI want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer — Fair Trading Act 2010’) for the modified penalty is enclosed.

rI want to pay the modified penalty by credit card. Please debit my credit card account.

Card type _____________________________

Cardholder name _______________________

Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Expiry date of card _____/_____

Amount $__________

Signature ____________________

Complete all details

In person

Pay the cashier at:

Department of Commerce

219 St George’s Terrace, Perth, WA

Method of service

 

Date of service

 

[Form 1 amended: Gazette 20 Aug 2013 p. 3833.]

Form 2 — Withdrawal of infringement notice relating to offence under Fair Trading Act 2010


Fair Trading Act 2010

WITHDRAWAL OF INFRINGEMENT NOTICE

Withdrawal no.

Alleged offender

Name

 

 

Address

 

 

Details of infringement notice

Infringement notice no.

 

Date of issue

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Sectionof the Fair Trading Act 2010

Details of offence

 

 

Approved Officer withdrawing notice

Name

 

Office

 

Signature

 

Date

Date of withdrawal

 

Withdrawal of infringement notice

[*Delete whichever is not applicable]

The above infringement notice issued against you for the above alleged offence 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, you may claim your refund by signing and dating this notice and posting it to:

Approved Officer — Fair Trading Act 2010

Department of Commerce

Locked Bag 14

CLOISTERS SQUARE WA 6850

Your signature

 

Date

 

Form 3 — Infringement notice relating to offence under Australian Consumer Law (WA)


Australian Consumer Law (WA)

INFRINGEMENT NOTICE

Infringement
notice no.

Alleged offender

Name

 

 

Address

 

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Sectionof the Australian Consumer Law (WA)

Details of offence

 

 

Date

Date of notice

 

Issuing officer

Name

 

Office

 

Signature

 

Modified penalty

$_____

Penalty

Body corporate

$_____

You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.

Person that is not body corporate

$_____

TAKE NOTICE

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 to the Approved Officer within 28 days after the date of this notice.

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, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.

If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.

If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20
and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.

If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.

How to pay

By post

Tick the relevant box below and post this notice to:

Approved Officer — Fair Trading Act 2010

Department of Commerce

Locked Bag 14

CLOISTERS SQUARE WA 6850

rI want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer — Fair Trading Act 2010’) for the modified penalty is enclosed.

rI want to pay the modified penalty by credit card. Please debit my credit card account.

Card type _____________________________

Cardholder name _______________________

Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Expiry date of card _____/_____

Amount $__________

Signature ____________________

Complete all details

In person

Pay the cashier at:

Department of Commerce

219 St George’s Terrace, Perth, WA

Method of service

 

Date of service

 

[Form 3 amended: Gazette 20 Aug 2013 p. 3833.]

 

Form 4 — Withdrawal of infringement notice relating to offence under Australian Consumer Law (WA)


Australian Consumer Law (WA)

WITHDRAWAL OF INFRINGEMENT NOTICE

Withdrawal no.

Alleged offender

Name

 

 

Address

 

 

Details of infringement notice

Infringement notice no.

 

Date of issue

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Sectionof the Australian Consumer Law (WA)

Details of offence

 

 

Approved Officer withdrawing notice

Name

 

Office

 

Signature

 

Date

Date of withdrawal

 

Withdrawal of infringement notice

[*Delete whichever is not applicable]

The above infringement notice issued against you for the above alleged offence 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, you may claim your refund by signing and dating this notice and posting it to:

Approved Officer — Fair Trading Act 2010

Department of Commerce

Locked Bag 14

CLOISTERS SQUARE WA 6850

Your signature

 

Date

 

 

Notes

1This is a compilation of the Fair Trading (Infringement Notices) Regulations 2012 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Fair Trading (Infringement Notices) Regulations 2012

24 Apr 2012 p. 1745‑61

r. 1 and 2: 24 Apr 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Apr 2012 (see r. 2(b))

Fair Trading (Infringement Notices) Amendment Regulations 2013.

20 Aug 2013 p. 3833

r. 1 and 2: 20 Aug 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)

 

 

Defined terms

 

[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