Residential Tenancies Amendment Regulations 2006 (WA)

4126 GOVERNMENT GAZETTE, WA 22 September 2006

Regulations 2006.

CE318*

Residential Tenancies Act 1987

Criminal Procedure Act 2004

Residential Tenancies Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Residential Tenancies Amendment

22 September 2006 4127

GOVERNMENT GAZETTE, WA

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 Residential
Tenancies Regulations 1989*.

[* Reprint 2 19 September 2003.

For amendments to 29 May 2006 see Western Australian

Legislation Information Tables for 2005, Table 4, p.	337 and
Gazette 31 March 2006.]

4.            Regulation 18 replaced

Regulation 18 is repealed and the following regulation is inserted instead -

18.         Forms

The forms set Out in Schedule 4 are prescribed in relation to the matters specified in those forms.

5.           Regulation 20 inserted

After regulation 19 the following regulation is inserted -

20.          Infringement notices

(1) The offences specified in Schedule 5 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 5 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.

4128 GOVERNMENT GAZETTE, WA 22 September 2006

6.            Schedule 4 amended

Schedule 4 is amended after Form 5 by inserting the following forms -

FORM 6

Residential Tenancies Act 1987	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Residential Tenancies Act 1987 s. Residential Tenancies Regulations 1989 r.
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 -	Residential Tenancies Act 1987') to:
Approved Officer -	Residential Tenancies 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

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 7

Residential Tenancies Act 1987	Withdrawal no.
Withdrawal of infringement notice
AIIege(l	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

22 September 2006 GOVERNMENT GAZETTE, WA 4129

Infringement Infringement notice no.

notice Date of issue / /20

Alleged	Description of offence
offence
Residential Tenancies Act 1987 S. Residential Tenancies Regulations 1989 r.
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 - Residential Tenancies Act 1987

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

11

7. Schedule 5 inserted
After Schedule 4 the following Schedule is inserted -

Schedule 5 - Prescribed offences and

modified penalties

[r. 20]

Modified

Offences under Residential Tenancies Act 1987 penalty

s. 27(1)	Charging unauthorised letting fee ...........................	$200
s. 28(1)	Requiring more than 2 weeks rent during first

2 weeks of tenancy .................................................. $200

s.28(2) Requiring rent in advance ....................................... $200

s. 29(l)(a)	Requiring more than one security bond .................. $200
s. 29(l)(b)	Requiring security bond of more than 4 weeks
rent plus pet bond (if applicable) ............................ $200
s. 29(4)(a)	Failing to give receipt for security bond ................. $800
s. 29(4)(b)	Failing to pay security bond to administrator or authorised financial institution ................................ $800
s. 29(4)(c)	Failing to keep records of security bonds ............... $800
s. 29(4)(d)	Failing to give copy of bond record to payee ......... $800
s. 33(1)	Failing to give receipt for rent ................................ $200
s. 34(1)	Failing to keep records of rent received .................. $200
s. 45(2)	Owner or tenant changing locks without consent $800
s. 45(3)	Agent changing locks without consent ................... $800
s. 51(l)	Failing to notify tenant of owner's details .............. $200
s. 5 1(3)	Failing to notify tenant of change of ownership $200

4130	GOVERNMENT GAZETTE, WA	22 September 2006
Modified

Offences under Residential Tenancies Act 1987

penalty

s. 51(4)

Failing to notify tenant of change of owner's

details $200

s. 53(1) s. 53(2)

Giving false name or place of occupation $200

Failing to notify owner of change of place of

occupation $200

s. 53(3)

Failing to provide forwarding address on
vacating premises $200

s. 54(1)(a) s. 54(1)(b)

Failing to give tenant copy of lease	$200
Failing to give tenant copy of executed lease	$200

s. 63(3)
s. 80

Giving notice of termination on false grounds	$400
Entering leased premises to recover possession without court order	$800

s. 86( I )

Agent demanding unauthorised letting fee ...... $100

Sch I

cl. 7(2)	Failing to repay bond when required ... ..... ...	$200
Modified

Offences under Residential Tenancies Regulations 1989 penalty

r. 14(2) Failing to give 'Information to Tenant' notice $20

By Command of the Governor,

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