Consumer Affairs Regulations 1972 (WA)

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Western Australia

Consumer Affairs Act 1971

Consumer Affairs Regulations 1972

These regulations expired on 22 Oct 2016 (see s. 2B of the Act and proclamation published in Gazette 21 Oct 2016 p. 4781).

Western Australia

Consumer Affairs Regulations 1972 Contents

Western Australia

Consumer Affairs Act 1971

Consumer Affairs Regulations 1972

1.Citation

These regulations may be cited as the Consumer Affairs Regulations 1972 1.

[Regulation 1 amended in Gazette 11 Dec 1981 p. 5071; 22 Sep 2006 p. 4085.]

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.

[Regulation 2 inserted in Gazette 22 Sep 2006 p. 4085.]

3.Forms

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

[Regulation 3 inserted in Gazette 22 Sep 2006 p. 4085.]

4.Service of notices

Where pursuant to the Act or these regulations a person is required by notice in writing to —

(a)
give any information;
(b)
answer any question; or
(c)
produce any document,

that notice may be served on that person —

(d)
by delivering the notice to him personally;
(e)
by leaving the notice for him at his usual or last known place of abode, or at his usual or last known place of business or employment; or
(f)
by posting the notice as a registered letter addressed to him at his usual or last known place of abode, or at his usual or last known place of business or employment.

5.Personating officers of Department etc.

(1)
A person who —
- (a)
  forges or counterfeits any warrant or document;
- (b)
  makes use of any forged, counterfeited or false warrant or document;
- (c)
  personates a person named in a document;
- (d)
  falsely pretends to be —
[(i)
deleted]
- (ii)
  the Commissioner; or
- (iii)
  an officer of the Department;
or
- (e)
  falsely pretends to be acting pursuant to authority conferred by or under the Act,

commits an offence.

Penalty: $200.

(2)
A reference in this regulation to a warrant or document shall be construed as a reference to a warrant or document of a kind required under section 19(2) of the Act.

[Regulation 5 inserted in Gazette 8 Feb 1974 p. 358; amended in Gazette 11 Dec 1981 p. 5071; 22 Sep 2006 p. 4085.]

Schedule 1 — Prescribed offences and modified penalties

[r. 2]

[Heading inserted in Gazette 22 Sep 2006 p. 4086.]

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

[Schedule 1 inserted in Gazette 22 Sep 2006 p. 4086.]

Schedule 2 — Forms

[r. 3]

[Heading inserted in Gazette 22 Sep 2006 p. 4086.]

Form 1 — Infringement notice

Consumer Affairs Act 1971 Infringement notice		Infringement notice no.
Alleged offender	Name: Family name
	Given names
	or Company name ____________________________________ ACN
	Address ________________________________________________ Postcode
Alleged offence	Description of offence _____________________________________
	Consumer Affairs Act 1971 s.
	Date / /20 Time 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 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 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 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 1 inserted in Gazette 22 Sep 2006 p. 4086‑7.]

Form 2 — Withdrawal of infringement notice

Consumer Affairs Act 1971 Withdrawal of infringement notice		Withdrawal no.
Alleged offender	Name: Family name
	Given names
	or Company name ___________________________________ ACN
	Address _______________________________________________ Postcode
Infringement notice	Infringement notice no.
	/ Date of issue /20
Alleged offence	Description of offence ___________________________________
	Consumer Affairs Act 1971 s.
	Date / /20 Time 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: Approved Officer — Consumer Affairs Act 1971 Department of Consumer and Employment Protection Locked Bag 14 Cloisters Square Perth WA 6850 / Signature /20

[Form 2 inserted in Gazette 22 Sep 2006 p. 4087.]

Notes

1 This is a compilation of the Consumer Affairs Regulations 1972 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Consumer Protection Act Regulations 2	15 Dec 1972 p. 4718	15 Dec 1972
Untitled regulations	8 Feb 1974 p. 358	8 Feb 1974
Consumer Affairs Amendment Regulations 1981	11 Dec 1981 p. 5071	11 Dec 1981 (see r. 2 and Gazette 11 Dec 1981 p. 5053)
Reprint 1: The Consumer Affairs Act Regulations as at 20 Aug 2004 (includes amendments listed above)
Consumer Affairs Amendment Regulations 2006	22 Sep 2006 p. 4084‑7	22 Sep 2006 (see r. 2(a))
Reprint 2: The Consumer Affairs Regulations 1972 as at 3 Nov 2006 (includes amendments listed above)
These regulations expired on 22 Oct 2016 (see s. 2B of the Act and proclamation published in Gazette 21 Oct 2016 p. 4781)

2 Now known as the Consumer Affairs Regulations 1972; citation changed (see note under r. 1).

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