Business Names Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4075

CE302*

Business Names Act 1962

Criminal Procedure Act 2004

Business Names Amendment Regulations 2006

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Business Names Amendment Regulations 2006.
2.	Commencement 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.

3.           The regulations amended

The amendments in these regulations are to the Business Names
Regulations 1962*.

[* Reprinted as at 21 June 2002.

For amendments to 26 May 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 42-3.]

4.           Regulation 5 replaced

Regulation 5 is repealed and the following regulation is inserted instead —

Act 2004.

44  

5.           Forms

The forms set out in the Second Schedule are prescribed in relation to the matters specified in those forms.

5. Regulation 11 inserted
After regulation 10 the following regulation is inserted —

11.          infringement notices

(1) The offences specified in the Fourth Schedule are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure

4076 GOVERNMENT GAZETTE, WA 22 September 2006

(2)	The modified penalty specified opposite an offence in the Fourth Schedule is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)	The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal
Procedure Act 2004.
(4)	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.

6. First Schedule repealed
The First Schedule is repealed.

7.            Second Schedule amended

The Second Schedule is amended after Form 5 by inserting the following Forms -

Form 6 - Infringement notice

Business Names Act 1962	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
OffCll(lCf	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Business Names Act 1962 S.
Date / /20 Time am, pam.
Modified penalty $
Officer	Name
issuing	Signature
notice	Office
Date	Date of notice / /20
Notice to	It is alleged that you have committed the above offence.
alleged	If you do not want to be prosecuted in court for the offence, pay
offender	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 -	Business Names Act 1962') to:
Approved Officer -	Business Names Act 1962

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

22 September 2006 GOVERNMENT GAZETTE, WA 4077

If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the

Pines, 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
and post this notice to the Approved Officer at the above postal

address within 28 days after the date of this notice.

Form 7—Withdrawal of infringement notice

Business Names Act 1962	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.

notice Date of issue / /20

Alleged	Description of offence
offence
Business Names Act 1962 s.
Date / /20 Time a. in.. p.m.
Officer	Name

withdrawing Signature

notice	Office
Date	Date of withdrawal / /20
Withdrawal	The above infringement notice issued against you has been
of	withdrawn.
infringement	If you have already paid the modified penalty for the alleged
notice	offence you are entitled to a refund.
* Your refund is enclosed.
[d	* elete
whichever	or
is not applicable]	* 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 - Business Names Act 1962

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

8.           Fourth Schedule inserted

After the Third Schedule the following Schedule is inserted -

Fourth Schedule -Prescribed offences and

modified penalties

[r. 11]

Modified

Offences under Business Names Act 1962 penalty

s. 5(1) Carrying on business under unregistered name $40

4078 GOVERNMENT GAZETTE, WA 22 September 2006

Modified

Offences under Business Names Act 1962 penalty

s. 12(8)	Failure to lodge statement of change of registered particulars	$40
s. 13(2)	Failure to provide information required by Commissioner	$40
s. 20(a)	Using business document not showing registered name	$20
s. 20(b)	Failure to display registered name at place of business	$20
s. 20(c)	Failure to exhibit certificate of reaistration	$20

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.