Debt Collectors Licensing Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4101

CE310*

Debt Collectors Licensing Act 1964

Criminal Procedure Act 2004

Debt Collectors Licensing Amendment

Regulations (No. 2) 2006 come into operation.

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Debt Collectors Licensing Amendment
Regulations 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

4102 GOVERNMENT GAZETTE, WA 22 September 2006

3.           The regulations amended

The amendments in these regulations are to the Debt Collectors
Licensing Regulations 1964*.

[* Reprinted as at 9 March 2001.

For amendments to 26 May 2006 see Western Australian

Legislation Information Tables for 2005, Table 4, p. 89.1

4.            Regulation 5 amended

Regulation 5(2)(c) is deleted and the following paragraph is inserted instead -

KV

(c) the fee prescribed under regulation 4:

5. Regulation 16 inserted
After regulation 15 the following regulation is inserted

33  

16.          Infringement notices

(1)	The offences specified in the Third Schedule 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 the Third Schedule 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.

6. First Schedule amended
The First Schedule is amended as follows:

(a) in Form 5 by deleting "sum of$ 15.00, being the prescribed fee." and inserting instead -

prescribed fee of $ .

(b) in Form 6 by deleting "sum of $30.00, being the prescribed fee for the transfer." and inserting instead -

prescribed fee of $ .

22 September 2006 GOVERNMENT GAZETTE, WA 4103

(c) after Form 6 by inserting the following forms -

Form 7

Debt Collectors Licensing Act 1964	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcodc

Alleged	Description of offence
offence
Debt Collectors Licensing Act 1964 S. Debt Collectors Licensing Regulations 1964 r.
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 -	Debt Collectors Licensing Act 1964') to:
Approved Officer -	Debt Collectors Licensing Act 1964

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.

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 8

Debt Collectors Licensing Act 1964	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.

notice I Date of issue / /20

4104 GOVERNMENT GAZETTE, WA 22 September 2006

Alleged	Description of offence
offence
Debt Collectors Licensing Act 1964 s.
Debt Collectors Licensing Regulations 1964 r. _
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.
[*delete
whichever	* Your refund is enclosed.
is not applicable]	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 — Debt Collectors Licensing Act 1964 Department of Consumer and Employment Protection

Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

7.            Second Schedule amended

The Second Schedule is amended by deleting the words
"Form 7".

8.            Third Schedule inserted

After the Second Schedule the following Schedule is inserted —

44  

Third Schedule — Prescribed offences and

modified penalties

[r. 16]

NI odified

Offen ces under Debt Collectors Licensing Act 1964 penalty

s. 5 Unlicensed person carrying on business as a
debt collector $40

s. 15(4)	Failing to notify Commissioner of opening or change of name of trust account	$40
Modified

Offences under Debt Collectors Licensing Regulations 1964	penalty
r. 11 r. 12	Using vehicle identifying person as debt
Failing to notify Commissioner of change of
address $40

By Command of the Governor.

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