Credit (Administration) Amendment Regulations 2010 (WA)

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30 June 2010 GOVERNMENT GAZETTE, WA 3177

Credit (Administration) Act 1984

Credit (Administration) Amendment

Regulations 2010

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Credit (Administration) Amendment
Regulations 2010.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the later of:

(i)      the day on which these regulations are published in the Gazette; and

(ii)      the day on which the Credit (Commonwealth Power) Act 2010 section 4 comes into operation;

(b) the rest of the regulations — on the later of:

(i)      the day after the day on which these regulations are published in the Gazette; and

(ii)      the day on which the Credit (Commonwealth Power) Act 2010 section 4 comes into operation.

3178 GOVERNMENT GAZETTE, WA 30 June 2010

Credit (Administration) Amendment Regulations 2010

r. 3

3.             Regulations amended

These regulations amend the Credit (Administration)
Regulations 1985.

4.             Regulations 8A and 8B inserted

After regulation 7A insert:

8A. Refund of fees after referral day
(1) In this regulation —
last licence fee means —
(a) in the case of a superseded licence which was granted not more than the twelve months immediately before the referral day, the amount of the fee paid under section 9(2) of the Act on application for the grant of the licence; and
(b)

amount of the annual fee paid under

in the case of any other superseded licence, the commencing on the anniversary of the date of grant which falls not more than twelve months before the referral day;

refund period, in respect of a superseded licence,
means the period beginning on the referral day and
ending on the day before the anniversary of the grant of

the licence which falls next after the referral day;

superseded licence means a licence which is in force

on the referral day.

(2) Within 3 months after the referral day, the holder of a
superseded licence may apply in writing in a form
acceptable to the Commissioner for a proportionate
refund of the last licence fee.
30 June 2010 GOVERNMENT GAZETTE, WA 3179

Credit (Administration) Amendment Regulations 2010

r. 4

(3)

As soon as is reasonably practicable after receiving an application under subregulation (2), the Commissioner is to pay to the applicant an amount by way of

proportionate refund of the last licence fee calculated in
accordance with the following formula —
$R = $F x (D/365)
where —

$R = the amount to be paid by way of

proportionate refund;

$F = the amount of the last licence fee;

D = the number of days in the refund period.

8B. Reimbursement of application fee after referral day
Where —
(a) a person applies for a licence and pays the fee required under section 9(2) of the Act; and
(b) on the referral day, the Commissioner has neither granted a licence pursuant to the application nor rejected the application,

as soon as is reasonably practicable after the referral day the Commissioner is to repay to the applicant the amount of the application fee.

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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