Credit (Administration) Regulations 1985 (WA)
Western Australia
Western Australia
CONTENTS
1 . Citation 1
2 . Commencement 1
3 . Interpretation 1
4 . Prescribed fees for an application for a licence (s.9) 1
5 . Duplicate licence (s.16(2)) 3
6 . Inspection fees (s.19) 3
7 . Licence fee (s.21(1)) 4
7A . Late fee under s.21(5) 5
8 . Prescribed officer (s.49(1)(b)) 5
Western Australia
Credit (Administration) Act 1984
These regulations may be cited as the
These regulations come into operation on 1 March 1985
In these regulations unless the context otherwise requires —
(1) Subject to this regulation, the prescribed fee payable under section 9(2) in respect of an application for a licence shall be —
(a) where the applicant was the holder of a credit providers licence under the
Hire‑Purchase Act 1959 an amount calculated as follows —
where
F means the fee payable; and
A means the relevant amount provided by the applicant under the previous licence as determined by the commissioner,
reduced proportionately for each month of the unexpired period of the previous licence that remains after 30 April 1985;
(b) where the applicant was not the holder of a licence under the
Hire‑Purchase Act 1959 an amount calculated as follows —
where
F means the fee payable; and
A means the actual amount of relevant credit provided in Western Australia by the licensee in the previous 12 months,
but, in any event the amount payable shall be not less than $239 and shall not exceed $16 292.
(1a) Where an applicant for a licence carries on or proposes to carry on business as a credit provider —
(a) as a partner — the fee payable in respect of the application shall be the fee payable under subregulation (1) calculated by reference to the amount of credit provided by the partnership and divided by the number of partners in the partnership at the time of the application and, where the applicant is a partner in more than one partnership, the sum of those amounts;
(b) on his own account and as a partner — the fee payable in respect of the application shall be the sum of the amounts payable under subregulation (1) and paragraph (a).
(1b) Where the applicant is one of the trustees of a trust the provisions of subregulation (1a) apply as though the applicant were a partner and the other trustees were partners.
(2) In subregulation (1) —
The prescribed fee for the issue of a duplicate licence under section 16(2) of the Act is $21.
(1) The fee for an inspection of the Register of Licensed Credit Providers is $10.
(2) The fee for a copy (certified or uncertified) or an extract of an individual registration in the Register of Licensed Credit Providers is $10 for the first page and $2 for each subsequent page.
(3) The fee for a copy (certified or uncertified) or an extract of all registrations in the Register of Licensed Credit Providers is $122.
(1) Subject to this regulation, the prescribed fee payable for a licence under section 21(1) of the Act is an amount calculated as follows —
where
F means the fee payable; and
A means the average amount of credit as determined by the Commissioner provided by the credit provider under transactions to which the Credit Act applied or applies in each of the 12 months of the period ending on the anniversary of the grant of the licence to the licensee,
but in any event the amount payable shall be not less than $239 and shall not exceed $16 292.
(2) Where a licensee carries on business —
(a) as a partner — the fee payable under section 21(1) of the Act shall be the fee payable under subregulation (1) calculated by reference to the amount of credit provided by the partnership and divided by the number of partners in the partnership at the time that the fee is payable and, where the licensee is a partner in more than one partnership, the sum of those amounts;
(b) on his own account and as a partner — the fee payable under section 21(1) of the Act shall be the sum of the amounts payable under subregulation (1) and paragraph (a).
(3) Where a licensee is one of the trustees of a trust the provisions of subregulation (2) apply as though the licensee were a partner and the other trustees were partners.
The late fee payable under section 21(5) of the Act shall be calculated as 10% of the licence fee with a minimum of $50.
For the purposes of section 49(1)(b) of the Act —
(a) the Commissioner for Consumer Affairs of the Public Service of the State; and
(b) the Commissioner of Police,
are prescribed officers.
22 Feb 1985 p. 699‑700 | 1 Mar 1985 (see r. 2) | |
31 May 1985 p. 1903 | 31 May 1985 | |
21 Jun 1985 p. 2260 | 21 Jun 1985 | |
13 Jun 1986 p. 1996 | 1 Jul 1986 (see r. 2) | |
10 Oct 1986 p. 3875 | 10 Oct 1986 | |
4 Sep 1987 p. 3517 | 4 Sep 1987 | |
29 Jul 1988 p. 2563 | 29 Jul 1988 | |
30 Jun 1989 p. 1974 | 1 Jul 1989 (see r. 2) | |
1 Aug 1990 p. 3651 | 1 Aug 1990 | |
13 Dec 1991 p. 6158 | 13 Dec 1991 | |
14 Aug 1992 p. 4022‑3 | 14 Aug 1992 | |
30 Nov 1993 p. 6408‑9 | 30 Nov 1993 | |
28 Jun 2005 p. 2902 | 1 Jul 2005 (see r. 2) |
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