Hire-Purchase (General) Amendment Regulations 2006 (WA)

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22 September 2006 GOVERNMENT GAZETTE, WA 4115

CE314*

Hire-Purchase Act 1959

Criminal Procedure Act 2004

Hire-Purchase (General) Amendment

Regulations 2006

Made by the Governor in Executive Council.

1. Citation
These regulations are the Hire-Purchase (General) Amendment
Regulations 2006.
The amendments in these regulations are to the Hire-Purchase
(General) Regulations 1975* .
[* Reprinted as at 5 December 2003. Legislation Information Tables for 2005, Table 4, p. 197.] For amendments to 29 May 2006 see Western Australian

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

4116 GOVERNMENT GAZETTE, WA 22 September 2006

4.            Regulation 2 replaced

Regulation 2 is repealed and the following regulation is inserted instead -

2.            Interpretation

In these regulations -
"Form" means a form in Schedule 1;
"section" means a section of the Act.

5.            Regulation 6 inserted

After regulation 5 the following regulation is inserted -

6.           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)
Act 2004-
For the purposes of the Criminal Procedure
(a) an infringement notice is to be in the form of Form 3; and
(b) a withdrawal of infringement notice is to be in the form of Form 4.

6.            The Schedule amended

The Schedule is amended as follows:

(a) by deleting the heading and inserting the following

heading instead -

Schedule 1 - Forms

[r. 3,4,6]

,,.

22 September 2006 GOVERNMENT GAZETTE, WA 4117

(b) after Form 2 by inserting the following forms -

Form 3

Hire-Purchase Act 1959 Infringement
Infringement notice notice no.
Alleged Name: Family name
offender Given names
or Company name

ACN

Address

Postcodc

Alleged Description of offence
offence
Hire-Purchase Act 1959 S.
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 - Hire-Purchase Act 1959') to:
Approved Officer - Hire-Purchase Act 1959

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.

Form 4

Hire-Purchase Act 1959 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
4118 GOVERNMENT GAZETTE, WA 22 September 2006
Alleged Description of offence
offence _
Hire-Purchase Act 1959 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
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 — Hire-Purchase Act 1959
Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

7.            Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

44  

Schedule 2 — Prescribed offences and

modified penalties

[r. 6]

Modified

Offences under Hire-Purchase Act 1959 penalty
s. 3 Entering into contract not containing required
provisions or not complying with requirements
as to form $1 000

By Command of the Governor,

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