Limited Partnerships Amendment Regulations 2017 (WA)

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4308

GOVERNMENT GAZETTE, WA

4 August 2017

These regulations are the Limited Partnerships Amendment
Regulations 2017.

CP302
Limited Partnerships Act 2016

Limited Partnerships Amendment
Regulations 2017

Made by the Governor in Executive Council.
1. Citation

4 August 2017 GOVERNMENT GAZETTE, WA 4309
2.            Commencement
These regulations come into operation as follows -

(a) regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations - on the day after that day.
3.           Regulations amended

These regulations amend the Limited Partnerships
Regulations 2017.
4.            Regulations 4 to 7 inserted
After regulation 3 insert:

4. Circumstances when Commissioner may withhold
personal information from register (s. 78(6))

(1) In this regulation -
personal information means personal information that
identifies the address of an individual's principal place
of residence;
register means the copy of the register that is available
for inspection under section 78(4) or that is publicly
available under section 78(5);
section means section of the Act;
withhold means withhold from the register.
(2) For the purposes of section 78(6), the Commissioner
may withhold a person's personal information if—

(a)

the person lodges with the Commissioner an application, in the form approved by the Commissioner, for the person's personal

information to be withheld; and

(b)

the application explains why the personal safety of the person, or members of the person's family, would be placed at risk if the person's personal information was not withheld; and

(c)

the application includes an address in Australia, other than the address of the person's principal place of residence, that may be recorded in the register for the person; and

(d)

subregulation (3) applies in relation to the person.

(3) This subregulation applies in relation to a person -

(a) if, under the Electoral Act 1907 section SiB,
the person's residential address is not shown on
an electoral roll under that Act; or

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GOVERNMENT GAZETTE, WA

4 August 2017

(b)

if, under the Commonwealth Electoral Act 1918 (Commonwealth) section 104, the person's residential address is not shown on an electoral roll under that Act; or
(c) if
the person's name is not shown on an
electoral roll under the Electoral
Act 1907 or the Commonwealth
Electoral Act 1918 (Commonwealth);
and

(ii) the Commissioner is satisfied that the
personal safety of the person, or a
member of the person's family, would
be placed at risk if the person's personal
information was not withheld.

(4) The Commissioner may decide to record a person's
personal information in the register if -

(a)
the Commissioner has withheld the person's and

(b)

subregulation (3) no longer applies in relation to the person.

(5)

If the Commissioner decides to refuse a person's application under subregulation (2) or to record a person's personal information in the register under
subregulation (4) -

(a)

the Commissioner must give the person notice of the decision and the reasons for the decision; and

(b)

the decision is a reviewable decision for the purposes of Part 5 Division 5 of the Act; and

(c) the person is an affected person in relation to
that decision.
5. Prescribed offences and modified penalties

(1)

The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2) The modified penalty specified opposite an offence in
Schedule 2 column 3 is the modified penalty for that
offence, if committed by an individual, for the
purposes of the Criminal Procedure Act 2004
section 5(3).
(3) The modified penalty specified opposite an offence in
Schedule 2 column 4 is the modified penalty for that
offence, if committed by a body corporate, for the

4 August 2017 GOVERNMENT GAZETTE, WA 4311
purposes of the Criminal Procedure Act 2004
section 5(3).
6. Approved officers and authorised officers

(1) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure
Act 2004 Part 2.
(2) The Commissioner must issue to each authorised
officer a certificate, badge or identity card identifying
the officer as a person authorised to issue infringement
notices.
7. Forms
For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set Out in Schedule 3 are prescribed.

5. Schedules 2 and 3 inserted
After Schedule I insert:
Schedule 2— Infringement notice offences and
modified penalties

[r. 5]

Offence under the Act Modified Modified

penalty penalty

(individual) (body

corporate)

$ $

s.28(4) Failure to lodge notice of dissolution or

cessation of limited partnership 300 1 500

s. 48(5) Failure to lodge notice relating to status

of incorporated limited partnership 300 1 500
s. 67(5) Failure to lodge notice of
commencement of winding up of

incorporated limited partnership 300 1 500
s.67(6) Failure to lodge notice of completion of
winding up of incorporated limited

partnership 300 1 500
s. 83(2) Failure to display certificate of
registration of limited partnership or

incorporated limited partnership 600 3 000
s.84(2) Failure to lodge notice of change in
registered particulars of limited
partnership or incorporated limited

partnership 300 1 500
s. 102(2) Failure to keep office for

communications at registered office 300 1 500

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GOVERNMENT GAZETTE, WA

4 August 2017

Schedule 3—Prescribed forms

Er. 7]

Form 1 - Infringement notice

Limited Partnerships Act 2016 Infringement
Infringement notice notice no.

Alleged Name: Family name

offender Given names

or Body corporate name
Address
Postcode

IIee(I Description of offence

offence
Limited Partnerships Act 2016 5.

Date / /20 Time am pin
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— Limited Partnerships Act 2016')to:

Approved Officer - Limited Partnerships Act 2016
Department of Mines, Industry, Regulation and Safety
Locked Bag 14 Cloisters Square
Perth WA 6850
In person: Pay the cashier at:
Department of Mines, Industry, Regulation and Safety
140 William Street
Perth WA 6000

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, some or all of the following action may be

taken - your driver's licence may be suspended; your vehicle

published on a website; your vehicle may be immobilised or have
its number plates removed; and your property may be seized and
sold.
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.

licence may be suspended or cancelled; your details may be 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.

4 August 2017 GOVERNMENT GAZETTE, WA 4313
Form 2— Withdrawal of infringement notice

Limited Partnerships Act 2016 Withdrawal no.
Withdrawal of infringement notice

Alleged Name: Family name

offender Given names

or Body corporate name
Address
Postcode

Infringement Infringement notice no.
notice

Date of issue / /20
Alleged Description of offence
offence
Limited Partnerships Act 2016 s.

Date / /20 Time am/pm
Officer Name
withdrawing Signature
notice Office
Date

Date of withdrawal / /20
Withdrawal of The above infringement notice issued against you has been
infringement withdrawn.
notice If you have already paid the modified penalty for the alleged
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 — Limited Partnerships Act 2016
Department of Mines, Industry, Regulation and Safety
Locked Bag 14 Cloisters Square
Perth WA 6850

Signature / /20
K. H. ANDREWS, Clerk of the Executive Council.

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Citations

Limited Partnerships Amendment Regulations 2017 (WA)

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(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

4.	Circumstances when Commissioner may withhold personal information from register (s. 78(6))
(1)	In this regulation - personal information means personal information that identifies the address of an individual's principal place of residence; register means the copy of the register that is available for inspection under section 78(4) or that is publicly available under section 78(5); section means section of the Act; withhold means withhold from the register.
(2)	For the purposes of section 78(6), the Commissioner may withhold a person's personal information if—

(a)	the person lodges with the Commissioner an application, in the form approved by the Commissioner, for the person's personal
information to be withheld; and
(b)	the application explains why the personal safety of the person, or members of the person's family, would be placed at risk if the person's personal information was not withheld; and
(c)	the application includes an address in Australia, other than the address of the person's principal place of residence, that may be recorded in the register for the person; and
(d)	subregulation (3) applies in relation to the person.

(5)	If the Commissioner decides to refuse a person's application under subregulation (2) or to record a person's personal information in the register under
subregulation (4) -

(a)	the Commissioner must give the person notice of the decision and the reasons for the decision; and
(b)	the decision is a reviewable decision for the purposes of Part 5 Division 5 of the Act; and

(c)	the person is an affected person in relation to
that decision.

(1)	The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)	The modified penalty specified opposite an offence in Schedule 2 column 3 is the modified penalty for that offence, if committed by an individual, for the purposes of the Criminal Procedure Act 2004 section 5(3).
(3)	The modified penalty specified opposite an offence in Schedule 2 column 4 is the modified penalty for that offence, if committed by a body corporate, for the

(1)	The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure
Act 2004 Part 2.
(2)	The Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

Limited Partnerships Act 2016	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

Under that Act, some or all of the following action may be
taken -	your driver's licence may be suspended; your vehicle
published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. 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.	licence may be suspended or cancelled; your details may be 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.

Limited Partnerships Act 2016	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names