Fines, Penalties and Infringement Notices Enforcement Amendment Regulations 2005 (WA)

13 May 2005 GOVERNMENT GAZETTE, WA 2079

JUSTICE

JU3O1*

Fines, Penalties and Infringement Notices Enforcement Act 1994

Fines, Penalties and Infringement Notices

Enforcement Amendment Regulations 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fines, Penalties and Infringement Notices Enforcement Amendment Regulations 2005.
2.	Commencement These regulations come into operation on 1 May 2005.

3.            The regulations amended

The amendments in these regulations are to the Fines, Penalties and Infringement Notices Enforcement Regulations 1994*

[* Reprint 2 as at 9 July 2004.]

4.             Regulation 8A amended

Regulation 8A(1) and (2) are amended by deleting "justices" and inserting instead -

indicated.

Magistrates Court ".

5.            Regulation 9 replaced

Regulation 9 is repealed and the following regulation is inserted instead -

9.            Enforcement fees for Parts 3, 4 and 7

(1)	The fees in Schedule 2 Division 1 are prescribed as enforcement fees for the purposes of Part 3 of the Act and are to be imposed on an alleged offender at the time indicated.
(2)	The fees in Schedule 2 Division 2 are prescribed as enforcement fees for the purposes of Part 4 of the Act and are to be imposed on an offender at the time

2080 GOVERNMENT GAZETTE, WA 13 May 2005

(3) The fees in Schedule 2 Division 3 are prescribed as

enforcement fees for the purposes of Part 7 of the Act
and are calculated in accordance with that Division.

6.            Schedule 1 amended

Schedule 1 is amended by deleting the headings to the Schedule and inserting instead -

Schedule 1 - Enactments to which Part 3 of the

Act applies

[r. 3]

7.            Schedule 2 replaced

Schedule 2 is repealed and the following Schedule is inserted instead -

Schedule 2 - Enforcement Fees

[r. 9]

Division 1 -	Enforcement fees for Part 3 of the Act
1. Fee for issuing a final demand ........................................	$12.50

(To be imposed when the final demand is issued.)

2.    Fee for preparing an enforcement certificate in relation

to an infringement notice, for each infringement notice ... $10.50

(To be imposed when the infringement notice is
registered.)

3.   Fee for registering an infringement notice with the

Registry............................................................................. $39.00

(To be imposed when the notice is registered.)

4.	Fee for issuing a notice of intention to suspend
licences............................................................................. $26.O()
(To be imposed when a licence suspension order is made.)

Division 2 - Enforcement fees for Part 4 of the Act

1. Fee for issuing a notice of intention to suspend licences $26.00

(To be imposed when a licence suspension order is made or when a warrant of execution is issued, but not twice.)

2.   Fee for issuing a warrant of execution ..............................$122.00 (To be imposed when the warrant is issued.)

Division 3 - Enforcement fees for Part 7 of the Act

1. Fee for attending the Magistrates Court in connection

with proceedings to examine a person under section 69,

for each hour or part of an hour ........................................ $55.00

13 May 2005 GOVERNMENT GAZETTE, WA 2081

2. The actual amounts disbursed in connection with seizing, moving, storing, securing, protecting and insuring property (including amounts disbursed for the

keeping of animals) are prescribed as enforcement fees.

3. Fee for inspecting personal property under seizure .......... $36.50

4. Fee for lodging a memorial under section 89 ...................$39.00

5.    Fee for lodging a withdrawal of memorial under section90 ..........................................................................$26.00

6. The actual amounts disbursed for the purpose of valuing

any personal property or land, or for searches of titles and other records, are prescribed as enforcement fees.

7. The actual amounts disbursed for advertising, and otherwise in connection with the arranging of, any intended sale of personal property or land are prescribed

as enforcement fees.

8.	Fee for arranging a sale of personal property or land, including preparing advertisements and conditions of sale, but excluding disbursements, not exceeding .............	$128.50
9.	The actual amounts disbursed in connection with a sale of personal property or land (including settlement costs) are prescribed as enforcement fees.

10. Fee for attending a sale of personal property or land ........	$58.00
11. Fee for preparing and executing a transfer of land sold ....	$128.50

12.Fee for attending a court in connection with interpleader

proceedings, for each hour or part of an hour .................... $36.50

13.

put to extra trouble and expense in connection with executing a warrant of execution or is required to do anything not provided for in this Division, the Sheriff may set an amount or an additional amount (as the case may be) and that amount is prescribed as an enforcement fee.	If the Sheriff or a delegate of the Sheriff is necessarily expenses, the amount is not to exceed the rate per kilometre, one way, that is prescribed as a travelling fee
for the service of documents in the Magistrates Court

(Fees) Regulations 2005.

8.            Schedule 3 amended

(1) Schedule 3 is amended by deleting the headings to the Schedule

and inserting instead -

Schedule 3— Forms

[r. 12]
,,

2082 GOVERNMENT GAZETTE, WA 13 May 2005

(2) Schedule 3 is amended in each Form listed in the Table to this

regulation by deleting "Court of Petty Sessions at Perth" in each

place where it occurs and inserting instead —

" The Magistrates Court ".

Table

Form 2	Form 6
Form 3	Form 6A
Form 4	Form 6B

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.