Fair Trading (Infringement Notices) Regulations 2006 00-d0-00 Xml

Western Australia

Fair Trading (Infringement Notices) Regulations 2006

Contents

1.Citation1

2.Prescribed offences and modified penalties1

3.Forms1

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table8

Western Australia

Fair Trading Act 1987

Fair Trading (Infringement Notices) Regulations 2006

1.Citation

These regulations are the Fair Trading (Infringement Notices) Regulations 2006.

2.Prescribed offences and modified penalties

(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 73 of the Act.

(2)The modified penalty to be specified in an infringement notice issued for an offence is the modified penalty set out for that offence in Schedule 1.

3.Forms

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. 2]

Offences under Fair Trading Act 1987		Modified penalty
s. 12(1), 69	Making a false representation in connection with supply of goods or services .....................................	$2 000
s. 12(2), 69	Making a false representation in connection with disposal of land .......................................................	$2 000
s. 12(4), 69	Publishing, or causing to be published, a false representation ..........................................................	$2 000
s. 14(1), 69	Engaging in misleading conduct in connection with offer of employment .......................................	$2 000
s. 15, 69	Failing to specify cash price when making representations as to partial consideration for goods or services .....................................................	$2 000
s. 17, 69	Engaging in misleading conduct as to nature, manufacture, characteristics, suitability or quantity of goods .....................................................	$2 000
s. 18, 69	Engaging in misleading conduct as to nature, characteristics, suitability or quantity of services ...	$2 000
s. 19(2), 69	Failing to supply goods, services or land as advertised ................................................................	$2 000
s. 20, 69	Inducing consumer to acquire goods or services by representation that the customer will receive a benefit for supplying names of prospective customers .....………………………………….......	$2 000
s. 28(1), 69	Sending unsolicited debit or credit card ..................	$2 000
s. 28(3), 69	Enabling a person to use a credit card or debit card without written request ....................................	$2 000
s. 29(5)	Requesting goods, services or directory entry on behalf of another person without authority .............	$200
s. 51(1), 69	Supplying goods that do not comply with product safety standard ...........................................	$1 000
s. 51(2), 69	Supplying components that do not comply with product safety standard ...........................................	$1 000
s. 52(1), 69	Supplying goods in contravention of a banning order ........................................................................	$1 000
s. 54(9)	Failing to give notice to person outside WA supplied with goods that are recalled ......................	$500
s. 54(10)	Failing to give notice to Commissioner of voluntary recall .......................................................	$500
s. 60(1), 69	Supplying goods that do not comply with product information standard ..................................	$1 000
s. 60(2), 69	Supplying components that do not comply with product information standard ..................................	$1 000
s. 61(1), 69	Providing inaccurate information in respect of goods, services or land ........................................	$1 000
s. 65(1), 69	Supplying goods that do not comply with product quality standard ..........................................	$1 000
s. 67(1), 69	Supplying goods that do not comply with packaging standard ..................................................	$1 000

[Schedule 1 amended in Gazette 20 Feb 2007 p. 506.]

Schedule 2 — Forms

[r. 3]

Form 1 — Infringement notice

Fair Trading Act 1987 Infringement notice		Infringement notice no.
Alleged offender	Name:Family name
	Given names
	orCompany name ____________________________________ ACN
	Address ________________________________________________ Postcode
Alleged offence	Description of offence _____________________________________
	Fair Trading Act 1987 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 21 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Designated Officer — Fair Trading Act 1987’) to: Designated Officer — Fair Trading Act 1987 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 21 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 Commissioner for Consumer Protection at the above postal address. If you want this matter to be dealt with by prosecution in court, sign here _______________________________________ and post this notice to the Commissioner for Consumer Protection at the above postal address within 21 days after the date of this notice.

[Form 1 amended in Gazette 12 Jan 2007 p. 47.]

Form 2 — Withdrawal of infringement notice

Fair Trading Act 1987; s.73(7) 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 ____________________________________
	Fair Trading Act 1987 s.
	Date //20Time a.m./p.m.
Officer withdrawing notice	Name
	Signature
	Office
Date	Date of withdrawal //20
Withdrawal of infringement notice [*delete whichever is not applicable]	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: Designated Officer — Fair Trading Act 1987 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 Signature //20

Form 3 — Certificate of authorisation

Fair Trading Act 1987

Certificate of authorisation

This is to certify that
_________________________________________________________________
[Full name]

is authorised under the Fair Trading Act 1987 section 73(10)(a) to issue infringement notices under that Act.

_________________________________________

Commissioner for Consumer Protection

Date of authorisation ________________________

[Form 3 amended in Gazette 12 Jan 2007 p. 47.]

Notes

1This is a compilation of the Fair Trading (Infringement Notices) Regulations 2006 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 2006	22 Sep 2006 p. 4112‑15	22 Sep 2006
Fair Trading (Infringement Notices) Amendment Regulations 2006	12 Jan 2007 p. 47	12 Jan 2007
Fair Trading (Infringement Notices) Amendment Regulations 2007	20 Feb 2007 p. 505‑6	20 Feb 2007
These regulations expired on 22 Oct 2016 (see s. 3B of the Act and proclamation published in Gazette 21 Oct 2016 p. 4781‑2)