Commerce Regulations Amendment (Infringement Notices) Regulations 2019 (WA)

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26 April 2019 GOVERNMENT GAZETTE, WA 1209

INDUSTRY REGULATION

1S301

Building Act 2011

Building Services (Complaint Resolution and Administration) Act 2011

Building Services (Registration) Act 2011

Home Building Contracts Act 1991

Commerce Regulations Amendment

(Infringement Notices) Regulations 2019

Made by the Governor in Executive Council.

Part 1 Preliminary

1.   Citation

These regulations are the Commerce Regulations Amendment

(Infringement Notices) Regulations 2019.

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.
Act.

Part 2 — Building Regulations 2012 amended

3. Regulations amended

This Part amends the Building Regulations 2012.

4. Regulation 70 amended

(1) Before regulation 70(1) insert:

(1A) In subregulation (1) —

specified employee means an employee, as defined in

the Local Government Act 1995 section 1.4, to whom
power to perform a function under section 9.19 or 9.20
of that Act is delegated under section 5.44(1) of that

1210 GOVERNMENT GAZETTE, WA 26 April 2019
(2) In regulation 70(1) delete "a person appointed under the Local
Government Act 1995 section 9.10(1) and authorised for the
purpose of performing functions under section 9.19 or 9.20 of
that Act." and insert:
a specified employee of the local government.
5. Schedule 6 replaced
Delete Schedule 6 and insert:

Schedule 6— Prescribed offences and modified

penalties

[r. 69]

Division 1 - Offences under the Act

Offence under the Act

Modified penalty

s. 33(1) Failure to give notice of completion $500
s.34(3) Failure to give notice of cessation S250
s.42 Failure to display or bring attention to
occupancy permit details $250
s. 76(1) Encroachment beyond boundaries without
consent, court order or other authority $2500
s. 80(1) Removal of fence, gate or other barrier to land
without consent, court order or other authority $1000
s.80(3) Failure to erect adequate temporary barrier $1000
Division 2 - Offences under these regulations

Offence under these regulations

Modified penalty

r. 50(1) Failure to install barrier around private
swimming pool $1000
r. 56(1) Failure to ensure smoke alarms compliant prior
to transfer of dwelling $1000
r. 58 Failure to ensure smoke alarms compliant prior
to tenancy $1000
r. 59 Failure to ensure smoke alarms compliant prior
to hire of dwelling $1000
26 April 2019 GOVERNMENT GAZETTE, WA 1211

6.            Schedule 7 amended

(1) In Schedule 7 Form 1 delete "Regulation of the
Building Regulations 2012".
(2) In Schedule 7 Form 2 delete "Regulation of the
Building Regulations 2012".

Part 3 - Building Services (Complaint Resolution and

A du, ii, istration) Regulations 2011 amended

7.           Regulations amended

This Part amends the Building Services (Complaint Resolution and Administration) Regulations 2011.

8. Part 3A inserted
After regulation 22 insert:

Part 3A - Infringement notices

22A. Prescribed offences and modified penalties

(1)

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

(2)

The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004

section 5(3).
22B. Authorised officers and approved officers
(1) The Building Commissioner may, in writing, appoint
Procedure Act 2004 Part 2.
or approved officers for the purposes of the Criminal persons or classes of persons to be authorised officers
(2) The Building Commissioner must issue to each
authorised officer a certificate, badge or identity card
identifying the officer as a person authorised to issue
infringement notices.
22C. Forms
For the purposes of the Criminal Procedure Act 2004
Part 2—

(a)

Schedule 2 Form 1 is the prescribed form for an infringement notice; and

(b)

Schedule 2 Form 2 is the prescribed form for the withdrawal of an infringement notice.

1212 GOVERNMENT GAZETTE, WA 2E3 April 2019

9.            Schedules 1 and 2 inserted

After regulation 27 insert:

Schedule 1 - Prescribed offences and modified

penalties

r. 22Aj

Offence under the Act

Modified penalty

s.25(2) Failure to attend a conciliation proceeding as
requested by the Building Commissioner $1000

s.47(2)

Failure to comply with a direction of the Building Commissioner to provide information or produce records

$2000

Schedule 2 - Forms

[r. 22C]

Form 1 - Infringement notice
Building Services (Complaint Resolution and Infringement
Administration) Act 2011 notice no.

INFRINGEMENT NOTICE

Alleged Name
offender
Address
Alleged Date or period
offence
Time
Place
Details of
offence

Written law contravened

Date Date of notice
Issuing Name
officer Office
Signature
Modified $
penalty
26 April 2019 GOVERNMENT GAZETTE, WA 1213
TAKE It is alleged that you have committed the above offence.
NOTICE 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.

How to By post Tick the relevant box below and post this
pay notice to:
Approved Officer - Building Services
(Complaint Resolution and Administration)
Act 2011
[Address]
II I want to pay the modified penalty.
A cheque or money order (payable to
'Approved OffIcer' - Building

Services (Complaint Resolution and

Administration) Act 2011) for the
modified penalty is enclosed.
II I want to pay the modified penalty by
credit card. Please debit my credit card
account.

Card type
Cardholder name

Card number

[][][][][][][][][1[][][1[][][1[]

Expiry date of card /

Amount $ Signature Complete all details

1211 GOVERNMENT GAZETTE, WA 2E3 April 2019
In person Pay the cashier at:
Li u'clress)
Method l)ate of
of service service
Form 2— Withdrawal of infringement notice
Building Services (Complaint Resolution and Withdrawal no.

Administration) Act 2011

WITHDRAWAL OF

INFRINGEMENT NOT! CE

Alleged Name
offender
Address
Details of Infringement
infringement notice no.
notice Date of issue
Alleged Date or period
offence Time
Place
Details of
offence

Written law contravened

Approved Name
Officer
withdrawing Office
notice Signature
Date of
Date withdrawal
26 April 2019 GOVERNMENT GAZETTE, WA 1215
Withdrawal The above infringement notice issued against you for the
of above alleged offence has been withdrawn.
infringement If you have already paid the modified penalty for the
notice alleged offence, you are entitled to a refund.
[*Delete *
whichever is not Your refund is enclosed
applicable] 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 - Building Services

(Complaint Resolution and Administration)

Act 2011

[Address]

Your Date
signature

Part 4 Building Services (Registration)

Regulations 2011 amended

10.          Regulations amended

This Part amends the Building Services (Registration)
Regulations 2011.

11.           Part 313 inserted

After regulation 36 insert:

Part 3B Infringement notices
36A. Prescribed offences and modified penalties

(1)

The offences specified in Schedule 5 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)

The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004

section 5(3).
36B. Authorised officers and approved officers

(1)

The Building 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.

1216 GOVERNMENT GAZETTE, WA 26 April 2019
(2) The Building Commissioner must issue to each
authorised officer a certificate, badge or identity card
identifying the officer as a person authorised to issue
infringement notices.

36C. Forms

For the purposes of the Criminal Procedure Act 2004

Part 2—

(a)

Schedule 6 Form 1 is the prescribed form for an infringement notice; and

(b)

Schedule 6 Form 2 is the prescribed form for the withdrawal of an infringement notice.

12. Schedules 5 and 6 inserted
After Schedule 4 insert:
Schedule 5 Prescribed offences and

modified penalties

r. 36A]

Division I - Preliminary

1.             Terms used

In this Schedule -
building contractor has the meaning given in regulation 13;
building surveying contractor has the meaning given in
regulation 28A;
building surveying practitioner means -
(a) a building surveying practitioner level 1; or
(b) a building surveying practitioner level 2;
building surveying work has the meaning given in

regulation 28A;
painting contractor has the meaning given in regulation 28.

26 April 2019 GOVERNMENT GAZETTE, WA 1217

Division 2 - Offences under the Act

Offence under the Act Modified penalty
s. 4(1) Using a title when not registered For a person who uses the title
in a class of building service that a building practitioner,
practitioner or building service building surveying practitioner,

contractor entitled to use that title

building contractor or building surveying contractor is entitled

to use - $2 500
For a person who uses the title
that a painting practitioner or
painting contractor is entitled to
use — $l 250
s. 5(1) Falsely claiming to be registered For a person who claims to be
in a class of building service registered as a building
practitioner practitioner or building
surveying practitioner -
$2500
For a person who claims to be
registered as a painting
practitioner - $1 250
s. 5(2) Falsely claiming to be registered For a person who claims to be
in a class of building service registered as a building
contractor contractor or building surveying
contractor - $2 500
For a person who claims to be
registered as a painting
contractor — $l 250
s. 6(1) Falsely claiming an entitlement to For a person who claims an
carry out a prescribed building entitlement to carry out builder
service work or building surveying
work - $2 500
For a person who claims an
entitlement to carry out painter
work—$l 250
s. 7(1) Carrying out, or undertaking to For a person who carries out, or
carry out, a prescribed building undertakes to carry out, builder
service when not registered work or building surveying
work - $2 500

For a person who carries out, or undertakes to carry out, painter work—$l 250

s. 7(5) Subcontracting a prescribed For a building contractor or
building service to a person who building surveying
is not entitled to carry out the
contractor - $2 500
building service For a painting contractor -
$1250
1218 GOVERNMENT GAZETTE, WA 2E3 April 2019
Offence under the Act Modified l)e)aIty
s.8 Failure to cause building service $250
contractor's registration number
to appear in an advertisement
published by the contractor
s.22(2) Carrying out, or undertaking to For a building contractor or
carry out, relevant building building surveying
service without nominated
contractor - $2 500
supervisor For a painting contractor -
$750
s.22(3) Failure to notify the Board of For a building contractor or
ceasing to have a nominated building surveying
supervisor
contractor - $500
For a painting contractor -
$250
s.25 Contravening a condition to $2500
which building service provider's
registration is subject
s. 32(1) Failure to notify the Board of $250
change of address
s. 33(1) Failure to notify the Board of $1 000
change in circumstances affecting
eligibility to remain registered
s. 34(1) Failure to notify the Board of $1000
financial difficulty
s.34(3) Failure to notify the Board of $1 000
insolvency
s. 35(1)
being charged with a serious
Failure to notify the Board of $500
offence
s. 35(2) Failure to notify the Board of $500
being convicted of a serious
offence
s. 35(3) Failure to notify the Board of $500
conviction of an offence against
the Commonwealth or another
jurisdiction
s. 36(1) Failure to notify the Board of $500
disciplinary action
s. 37(1) Failure to return registration $500
certificate
26 April 2019 GOVERNMENT GAZETTE, WA 1219
Offence under the Act Modified penalty
s.49 Contravening a condition that $2500
applies to an owner-builder
approval
Division 3 - Offences under these reuIations

Offence under these regulations

Modified penalty

r. 21 Failure to display sign - building contractor $200
r. 27(2) Failure to display sign - owner-builder $200
r. 28J(1) Failure to display certificate of registration -
building surveying contractor $200
r. 28K(1)
Failure to display sign - building surveying
contractor $200
r. 36
Failure to display sign - painting contractor $100

Schedule 6— Forms

[r. 36C]

Form I - Infringement notice

Building Services (Registration) Act 2011 Infringement
notice no.
INFRINGEMENT NOTICE
Alleged Name
offender
Address
Alleged Date or period

offence

Time Place Details of

offence

Written law contravened

Date Date of notice
1220 GOVERNMENT GAZETTE, WA 2E3 April 2019
Issuing Name
officer Office
Signature
penalty
Modified $
TAKE It is alleged that you have committed the above offence.
NOTICE 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.

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 do not pay the modified penalty within 28 days, 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.

IJos to By post Tick the relevant box below and post this
pay notice to:
Approved Officer - Building Services
(Registration) Act 2011
[Address]
ii I want to pay the modified penalty.
A cheque or money order (payable to
'Approved Officer' - Building

Services (Registration) Act 2011) for the modified penalty is enclosed.

II I want to pay the modified penalty by
credit card. Please debit my credit card
account.
26 April 2019 GOVERNMENT GAZETTE, WA 1221

Card type

Cardholder name

Card number

[1 [1 [1 [1 [1[1 [1 [1 [1 [1 [1[] [1 [1[1 [1

Expiry date of card
Amount $

Signature

Complete all details

In person Pay the cashier at:
[Address]
Method l)ate of
of service service
Form 2— Withdrawal of infringement notice
Building Services (Registration) Act 2011 Withdrawal no.

WITHDRAWAL OF

INFRINGEMENT NOTICE

Alleged Name
offender
Address
Details of Infringement
infringement notice no.
notice Date of issue
Alleged Date or period
offence Time
Place
Details of
offence
Written law contravened
Approved Name
Officer • Office

withdrawing

notice Signature
Date Date of
withdrawal
1222 GOVERNMENT GAZETTE, WA 2E3 April 2019
Withdrawal The above infringement notice issued against you for the
of above alleged offence has been withdrawn.
infringement If you have already paid the modified penalty for the
notice alleged offence, you are entitled to a refund.
[*Delete *
whichever is not Your refund is enclosed
applicable] 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 - Building Services

(Registration) Act 2011

[Address]

Your Date
signature
Part 5 Home Building Contracts Regulations 1992

amended

13.     Regulations amended

This Part amends the Home Building Contracts
Regulations 1992.

14.  Schedule 9 amended

In Schedule 9 Form 2:

(a) delete "Builders' Registration Board" and insert:

Building Services Board

(b) delete "Builders' Registration Board," (each occurrence)
and insert:

Building Services Board,

(c) delete "Builders' Registration Board." and insert:

Building Services Board.

R. KENNEDY, Clerk of the Executive Council.

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