Employment Agents Amendment Regulations 2006 (WA)

4108 GOVERNMENT GAZETTE, WA 22 September 2006

CE312*

Employment Agents Act 1976 Criminal Procedure Act 2004

(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.

Employment Agents Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Employment Agents Amendment
Regulations 2006.

2.            Commencement

These regulations come into operation on the later of —

22 September 2006 GOVERNMENT GAZETTE, WA 4109

3.            The regulations amended

The amendments in these regulations are to the Employment
Agents Regulations 1976*.

[* Reprint 2 as at 6 February 2004.

For amendments to 26 May 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 105.]

4.            Regulations 2 and 3 replaced by regulation 2

Regulations 2 and 3 are repealed and the following regulation is inserted instead -

2. Interpretation
In these regulations -
"Form" means a form set Out in Schedule 1.

5.            Regulation 12 inserted

After regulation lithe following regulation is inserted -

4.           Infringement notices

(1)	The offences specified in Schedule 2 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 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)	For the purposes of the Criminal Procedure Act 2004-

(a)	an infringement notice is to be in the form of Form 13; and
(b)	a withdrawal of infringement notice is to be in the form of Form 14.

4110 GOVERNMENT GAZETTE, WA 22 September 2006

6.            Schedule amended

The Schedule is amended as follows:

(a) by deleting the heading and inserting the following heading instead -

Schedule 1 - Forms

[r. 3]

(b) after Form 12 by inserting the following forms -

Form 13

Employment Agents Act 1976	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Employment Agents Act 1976 S.
Date / /20 Time am/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 -	Employment Agents Act 1976') to:
Approved Officer -	Employment Agents Act 1976
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
Fines, 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.

22 September 2006 GOVERNMENT GAZETTE, WA 1111

Form 14

Employment Agents Act 1976	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
Employment Agents Act 1976 s.
Date / /20 Time am, pill .
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 — Employment Agents Act 1976
Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

7.            Schedule 2 inserted

44              After Schedule 1 the following Schedule is inserted —

Schedule 2 — Prescribed offences and

modified penalties

[r. 4]

Modified

Offences under Employment Agents Act 1976 penalty

s. 12(1)	Carrying on business as an employment agent without a licence	$100
s. 12(4)	Carrying on business as an employment agent —
(a) under unlicensed name	$100
(b) at unlicensed address	$100
(c) when licence is not in force	$100
(d) in relation to unlicensed class of business	$100

(e) contrary to condition, limitation or restriction in licence $100

s. 46(6) Failing to keep records $100

,,

By Command of the Governor,

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