Credit Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4097

These regulations are the Credit Amendment Regulations 2006.

CE309*

Credit Act 1984

Criminal Procedure Act 2004

Credit Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

4098 GOVERNMENT GAZETTE, WA 22 September 2006

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 Credit
Regulations 1985*.

[* Reprinted as at 28 July 2000.

For amendments to 26 May 2000 see Western Australian Legislation Information Tables for 2005, Table 4, p. 80.]

4. Regulation 29 inserted
After regulation 28 the following regulation is inserted -

29.          Infringement notices

(1)	The offences specified in Schedule 8 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 8 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.
(5)	For the purposes of the Criminal Procedure Act 2004-

(a)	Form 12 is the prescribed form of infringement notice; and
(b)	Form 13 is the prescribed form of withdrawal of infringement notice.

22 September 2006 GOVERNMENT GAZETTE, WA 4099

5.            Schedule 1 amended

Schedule 1 is amended after Form 11 by inserting the following forms -

Form 12

[r. 29(5)(a)]

Credit Act 1984	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Credit Act 1984 5.
Date / /20 Time a.m./p.m.
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— Credit Act 1984') to:

Approved Officer - Credit Act 1984

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

Under that Act your driver's licence and/or vehicle licence may

Fines, Penalties and Infringement Notices Enforcement Act 1994.

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.

4100 GOVERNMENT GAZETTE, WA 22 September 2006

Form 13

[r. 29(5)(b)]

Credit Act 1984	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
Credit Act 1984 S.
Date / /20 Time a.m./p.m.
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	*
,snota;plicableJ	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 - Credit Act 1984

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

6.            Schedule 8 inserted

After Schedule 7 the following Schedule is inserted -

33  

Schedule 8 - Prescribed offences and modified penalties

[r. 29]

Modified

Offences under Credit Act 1984	penalty
s. 32(1)	Providing offer for signature without prescribed notice ...................................................$400
s. 3 2(2)	Giving offer to provide credit without prescribed notice ...................................................$400
s.32(3)	Failing to provide certified copy of offer to credit provider ......................................................$200
s.32(4)	Failing to provide certified copy of offer to provide credit ........................................................$200
s. 33(1) s. 34(1)	Failing to provide copy of accepted offer ............$400
Failing to give prescribed statement to debtor under credit sale contract or loan contract ............$400

22 September 2006 GOVERNMENT GAZETTE, WA 4101

Modified

Offences under Credit Act 1984 penalty

s. 43	Entering into a credit sales contract or loan contract that does not comply with Part III Division 1	$200
s. 44(2)	Entering into contract with minimum credit charge in excess of specified amount	$400
s. 58	Failing to give prescribed statement to debtor under continuing credit contract	$400
s. 59(1)	Failing to give notice of terms to debtor under continuing credit contract	$200
s. 75(3)	Entering into agreement for debtor to pay
unauthorised fees	$400
s. 76(2)	Entering into contract requiring debtor to pay unreasonable enforcement expenses	$400
s. 77(2)	Entering into agreement to remove, restrict or modify right to revoke offer	$400
s. 130(2)(a)	Failing to provide copy of insurance contract	$200

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.