The Companies Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4139

CE322*

Companies (Co-operative) Act 1943

Criminal Procedure Act 2004

The Companies Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are The Companies Amendment
Regulations 2006.

Regulations 1 and 2 are repealed.

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.             I he regulations amended

The amendments in these regulations are to The Companies
Regulations 1947* .

[* Published in Gazette 5 November 1947, p. 2017-58.

For amendments to 29 May 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 56-71

4.            Regulations 1 and 2 repealed

4140 GOVERNMENT GAZETTE, WA 22 September 2006

5.            Regulation 1 inserted

Before regulation 3 the following regulation is inserted in
Part I -

1.           Citation

These regulations are the Companies (Co-operative)
Regulations 1947.

6. Regulation 33 amended
Regulation 33(6) is amended as follows:

(a) by deleting "the magistrate of a local Court" and inserting instead -

46

a magistrate

(b) by deleting "Local Courts Act 1904-1930" and inserting instead -

"

Magistrates Court Act 2004 and Magistrates Court

(Civil Proceedings) Act 2004

7.	Regulation 36 repealed Regulation 36 is repealed.
8.	Regulation 43 inserted After regulation 42 the following regulation is inserted -

43.         Infringement notices

(1)	The offences specified in Schedule HI 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 III is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)	The Registrar 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 Registrar is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

22 September 2006 GOVERNMENT GAZETTE, WA 4141

9.            Schedule I amended

Schedule I is amended after Form 95 by inserting the following forms -

M.

FORM 96

Companies (Co-operative) Act 1943	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Companies (Co-operative) Act 1943 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 -	Companies (Co-operative) Act 1943') to:
Approved Officer -	companies (Co-operative) Act 1943

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 97

Companies (Co-operative) Act 1943	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

4142 GOVERNMENT GAZETTE, WA 22 September 2006

Infringement	Infringement notice no.
notice	Date of issue / /20
Alleged	Description of offence
offence	_

Companies (Co-operative) Act 1943 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 — Companies (Co-operative) Act 1943 Department of Consumer and Employment Protection

Locked Bag 14 Cloisters Square

Perth WA 6850

Signature / /20

10.          Schedule III inserted

After Schedule II the following Schedule is inserted —

44  

Schedule III — Prescribed offences and

modified penalties

[r. 43]

Modified

Offences under Companies (Co-operative) Act 1943 penalty

s. 112(4) Company failing to file annual return $8

s. 112(4) s. 404(3)	Officer of company that fails to file annual return $8
Unregistered person acting as auditor or

liquidator of co-operative company $40

By Command of the Governor,

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