Censorship Amendment Regulations 2004 (WA)

4 June 2004 GOVERNMENT GAZETTE, WA 1929

JU301*

Censorship Act 1996

Censorship Amendment Regulations 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Censorship Amendment
Regulations 2004.

2.            Commencement

These regulations come into operation on the day on which the
Fines, Penalties and Infringement Notices Enforcement
Amendment Regulations 2004 come into operation.

3.            The regulations amended

that offence.

The amendments in these regulations are to the Censorship
Regulations 1996*.

[* Reprint 1 as at 5 December 2003.]

4.             Regulations 3, 4 and 5 inserted

After regulation 2 the following regulations are inserted —

44  

3.            Prescribed offences and modified penalties

(1)	The offences set out in Schedule 1 column 1 are prescribed for the purposes of section 117D of the Act.
(2)	For the purposes of section 117E(2) of the Act, the modified penalty set out in Schedule 1 column 2 opposite an offence referred to in Schedule 1 column 1 is the prescribed modified penalty for an individual for

1930 GOVERNMENT GAZETTE, WA 4 June 2004

(3) For the purposes of section 117E(2) of the Act, the

modified penalty set Out in Schedule 1 column 3
opposite an offence referred to in Schedule 1 column 1
is the prescribed modified penalty for a body corporate
for that offence.

4.            Form of an infringement notice

Schedule 2 Form 1 is prescribed for the purposes of section 11 7E( 1) of the Act.

5.            Form of notice of withdrawal of an infringement notice

Schedule 2 Form 2 is prescribed for the purposes of section 11 7G( 1) of the Act.

4             Schedules 1 and 2 inserted

After regulation 10 the following Schedules are inserted -

Schedule 1 - Prescribed offences and modified

penalties

[r. 3]

Offence Modified penalty \lodified penalty

(individual) (body corporate)

s. 64(1)	$200	$1000
s.64(4)	$200	$1000
s. 65(1)	$500	$2500
s.65(5)	$500	$2500
s.65(6)	$500	$2500
s. 65A	$500	$2500
s. 65B	$200	$1000

s. 65C(l)	$500	$2500
s. 65C(2)	$500	$2500
s. 65D(5)	$20	N/A
s.67(l)	$100	$500
s. 70(1)(b)	$200	$1000
s.71(2)	$20	N/A
s. 72(1)	$200	$1000
s.75(1)	$100	$500
s. 76(1)	$500	$2500
s.76(2)	$500	$2500
s.76(3)	$500	$2500
s. 77(1)	$500	$2500
s. 79(1)	$500	$2500
s.79(3)	$20	N/A
s.79(4)	$200	$1000
4 June 2004	GOVERNMENT GAZETTE, WA	1931

Offence Modified penalty Modified penalty

(individual) (body corporate)

s. 83(1)	$100	$500
s.84(2)	$20	N/A
s. 85(1)	$500	$2500
s. 85(2)(b)	$200	$1000
s. 85(3)(b)	$200	$1000
s. 86(1)	$500	$2500
s.86(2)	$500	$2500
s.86(3)	$500	$2500
s.86(4)	$500	$2500
s. 87(1)	$500	$2500
s. 88(1)	$500	$2500
s. 90(1)	$500	$2500
S.91(l)	$500	$2500
s.92	$200	$1000
s. 93(1)	$200	$1000
s.94	$200	$1000
s. 95	$200	$1000
s. 96(1)	$200	$1000
s. 97(1)	$200	$1000
s.97(2)	$200	$1000
s. 97A(2)	$500	$2500
s.98	$200	$1000
s. 113	$100	N/A

Schedule 2— Forms

[r. 4 and 5]

Form 1

Censorship Act 1996s. 11 7E(1)	Notice No:
Infringement Notice
Alleged	Family name:
offender	Other names:
Address:  No.: Street name:

Suburb:  Postcode:

Ilcged Details of alleged offence:

offence

Description of alleged offence:

Where and when:

Amount of
modified

penalty

Police Name:

1932 GOVERNMENT GAZETTE, WA 4 June 2004

What you
must do I. You may elect to have this matter heard and determined by a court.

To do this, complete the details in "Electing action by a court" on
the reverse of this notice and return this notice to [details to be

inserted here] within 28 days after the service of this notice.

2. If you do not wish to have this matter heard and determined by a

court you may dispose of this matter within 28 days after the service
of this notice by paying the modified penalty (see "Paying the
modified penalty" on the reverse of this notice).

Should you not pursue either of the above options within 28 days, additional administrative charges may be incurred and action may be taken to suspend your Motor Driver's Licence until you have paid in full the modified penalty and any additional charges OR you have elected to have this matter dealt with before a Court.

Reverse of Form 1

Electing	I elect to have the offence alleged in this notice dealt with by a court. I
action by a	understand that I may receive a summons for the alleged offence.
court	Signature: Date: Address for service:
Paying the modified	You may pay the modified penalty —
1. BY POSTING a cheque or money order made payable to [details to
penalty	be inserted here];

OR

2.      IN PERSON to [details to be inserted here].

Form 2

Censorship Act 1996s. 117G(1)	Notice No:
Withdrawal of Infringement Notice
To	Family name:
petails of
alleged	Other names:
offender]	Address:  No.: Street name:

Suburb:  Postcode:

_

AN INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN WITHDRAWN.

ANY PAYMENT THAT HAS BEEN MADE WILL BE REFUNDED AND —

• NO FURTHER ACTION WILL BE TAKEN*

• A SUMMONS WILL BE ISSUED*

[* delete whichever is not applicable]

Details of
withdrawn	Date notice given:
notice	Notice number: Alleged offence:
t utho rised	Name:

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.