Settlement Agents Amendment Regulations 2006 (WA)

4130 GOVERNMENT GAZETTE, WA 22 September 2006

CE319*

Settlement Agents Act 1981 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.

Settlement Agents Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Settlement Agents Amendment
Regulations 2006.

2.            Commencement

These regulations come into operation on the later of —

22 September 2006 GOVERNMENT GAZETTE, WA 4131

3.            The regulations amended

The amendments in these regulations are to the Settlement
Agents Regulations 1982*.

[* Reprint 3 as at 18 March 2005.]

4. Regulations 15 and 16 inserted
After regulation 14 the following regulations are inserted -

15.          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 Board 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 Board is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

16.          Forms

The forms set Out in Schedule 6 are prescribed in relation to the matters specified in those forms.

5.            Schedules 5 and 6 inserted

After Schedule 4 the following Schedules are inserted Schedule 5 - Prescribed offences and

modified penalties

Modified

Offences under Settlement Agents Act 1981	penalty
s. 5 1(1), 65	Failing to have trust accounts audited ................$600
s. 5 l(3)(a), 65 Auditor failing to deliver report to Board	$600

4132 GOVERNMENT GAZETTE, WA 22 September 2006

Schedule 6— Forms

[r. 16]

Form 1 - Infringement notice

Settlement Agents Act 1981	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Settlement Agents Act 1981 S.
Date / /20 Time am, 1) 111.
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 -	Settlement Agents Act 1981') to:
Approved Officer -	Settlement Agents Act 1981

Settlement Agents Supervisory Board
Locked Bag 14 Cloisters Square

Perth WA 6850

In person: Pay the cashier at:

Settlement Agents Supervisory Board 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 2 - Withdrawal of infringement notice

Settlement Agents Act 1981	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.

I Date of issue /

22 September 2006 GOVERNMENT GAZETTE, WA 4133

Alleged	Description of offence
offence
Settlement Agents Act 1981 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 — Settlement Agents Act 1981
Settlement Agents Supervisory Board
Locked Bag 14 Cloisters Square

Perth WA 6850

By Command of the Governor,

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