Door to Door Trading Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4105

CE311*

Door to Door Trading Act 1987

Criminal Procedure Act 2004

Door to Door Trading Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Door to Door Trading 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 Regulations (No. 2) 2006 come into operation.

3.           The regulations amended

The amendments in these regulations are to the Door to Door
Trading Regulations 1987*.

[* Reprint 1 as at 13 February 2004.

For amendments to 26 May 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 93.]

4.            Regulation 5 replaced

Regulation 5 is repealed and the following regulation is inserted instead -

Part 2 of the Criminal Procedure Act 2004.

5.            Forms

The Forms set Out in Schedule 1 are prescribed in relation to the matters specified in those forms.

5.            Regulation 7 replaced

Regulation 7 is repealed and the following regulation is inserted instead -

7.            Infringement notices

(1) The offences specified in Schedule 2 are offences for

which an infringement notice may be issued under

4106 GOVERNMENT GAZETTE, WA 22 September 2006

(2)	The modified penalty specified opposite an offence in Schedule 2 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)	In this regulation - "Commissioner" has the same meaning as it has in the

Consumer Affairs Act 1971.

6.            Schedule heading inserted

Before Form 1 the following heading is inserted -

33  

Schedule I - Forms

[r. 5]

7.            Forms 3 and 4 and Schedule 2 inserted

After Form 2 the following forms and Schedule are inserted -

46  

Form 3

Door to Door Trading Act 1987	Infringement notice no.
Infringement notice
Alleged	Name: Family name
offender	Given names

i Company name

ACN

'W dress dress

Postcode

Alleged	Description of offence
offence
Door to Door Trading Act 1987 S.
Date / /20 Time am, p.ni.
Modified penalty $
Officer	Name

22 September 2006 GOVERNMENT GAZETTE, WA 4107

Notice to	It is alleged that you have committed the above offence.
alleged offender	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 - Door to Door Trading Act 1987') to:

Approved Officer - Door to Door Trading Act 1987
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
/"ines, 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.

lorni 4

Door to Door Trading Act 1987	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	Door to Door Trading Act 1987s.
Date / /20 Time am/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	*
is not applicable/	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 - Door to Door Trading Act 1987

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

/

4108 GOVERNMENT GAZETTE, WA 22 September 2006

Schedule 2 — Prescribed offences and
modified penalties

[r 7]

Modified

Offences under Door to Door Trading Act 1987 penalo

s. 5	Entering into contract containing prohibited provision	$200
s. 7	Entering into contract not containing required provisions or not complying with requirements as to form	$200
s. 7(1)(d)	Failing to give consumer copy of contract	$200
s. 7(1)(h)	Failing to give consumer notice of rights	$200
s. 8(1)	Accepting money during cooling off period	$200
s. 8(2)	Supplying services during cooling off period	$200
s. 9	Calling on a person outside permitted hours	$200
s. 10	Failing to leave when requested	$200
s. 11	Failing to make known purpose of call or to produce identity card	$100

By Command of the Governor,

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