Consumer Affairs Amendment Regulations 2006 (WA)

1081 GOVERNMENT GAZETTE, WA 22 September 2006

Regulations 2006.

C E305*

Consumer Affairs Act 1971 Criminal Procedure Act 2004

Consumer Affairs Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Consumer Affairs Amendment

22 September 2006 GOVERNMENT GAZETTE, WA 4085

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 Consumer
Affairs Act Regulations*.

[* Reprint 1 as at 20 August 2004.]

4.            Regulation 1 amended

Regulation 1 is amended by deleting "Act Regulations." and inserting instead -

" Regulations 1972. ".

5. Regulations 2 and 3 replaced
Regulations 2 and 3 are repealed and the following regulations
are inserted instead -

2.            Infringement notices

(1)	The offences specified in Schedule 1 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)	The modified penalty specified opposite an offence in Schedule 1 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.

3.           Forms

The forms set Out in Schedule 2 are prescribed in relation to the matters specified in those forms.

6.           Regulation 5 amended

Regulation 5(1)(d)(iii) is amended by deleting "Bureau:" and inserting instead -

" Department;

4086 GOVERNMENT GAZETTE, WA 22 September 2006

7.            Schedules 1 and 2 inserted

After regulation 5 the following Schedules are inserted -

Schedule 1 Prescribed offences and

modified penalties

Ir. 21

10(11 Ii ccl

Offences under Consumer Affairs Act 1971	penalty
s.21(l)	Failing to supply information, answer question
or produce document ........................................... $200
s. 23S	Supplying goods in contravention of order .......... $1 000
s. 23V(1),	Supplying goods that do not comply with
23W	prescribed safety requirements ............................. $1 000
s. 23V(2),	Supplying components that do not comply with
23W	prescribed safety requirements ............................. $1 000

Schedule 2 - Forms

[r. 3]

Form I -	Infringement notice
Consumer Affairs Act 1971	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Consumer Affairs Act 1971 S.
Date / /20 Time
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 -	Consumer Affairs Act 1971') to:
Approved Officer -	Consumer Affairs Act 1971

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 28 days, you may be suspended.

be prosecuted or enforcement action may be taken under the
Fines, Penalties and Infringement Notices Enforcement Act 1994.

22 September 2006 GOVERNMENT GAZETTE, WA 4087

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 2 — Withdrawal of infringement notice

Consumer Affairs Act 1971	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
Consumer Affairs Act 1971 s.
Date / /20 Time a.m./i) In
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.
(*delete	or
whichever
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 — Consumer Affairs Act 1971
Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

By Command of the Governor, G. M. PIKE, Clerk of the Executive Council.