Travel Agents Amendment Regulations 2006 (WA)

22 September 2006 GOVERNMENT GAZETTE, WA 4143

CE323*

Travel Agents Act 1985

Criminal Procedure Act 2004

Travel Agents Amendment Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Travel Agents Amendment
Regulations 2006.

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 Travel Agents
Regulations 1986*.

[* Reprinted as at 14 November 2003.

For amendments to 29 May 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 429.]

4.            Regulation 8A replaced

Regulation 8A is repealed and the following regulation is inserted instead -

Part 2 of the Criminal Procedure Act 2004.

8A. Forms

The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

5.            Regulation 16 inserted

After regulation 15 the following regulation is inserted -

16.          Infringement notices

(1) The offences specified in Schedule lB are offences for

which an infringement notice may be issued under

4144 GOVERNMENT GAZETTE, WA 22 September 2006

(2)	The modified penalty specified opposite an offence in Schedule I 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.

6.            Schedule 1 amended

(1)	Schedule 1 is amended by deleting "Schedule 1",
"[Regulation 8a]" and "Form of Certificate of Participation of
applicant in Compensation Scheme" and inserting instead -

33

Schedule 1 - Forms

[r. 8A]

Form 1 Certificate of Participation of applicant in Compensation

Scheme

(2) At the end of Schedule 1 the following forms are inserted -

"

Form 2 Infringement notice

Travel Agents Act 1985	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Travel Agents Act 1985 s.
Date / /20 Time am/p.m.
Modified penalty $
Officer	Name

22 September 2006 GOVERNMENT GAZETTE, WA 4145

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 -	Travel Agents Act 1985') to:
Approved Officer -	Travel Agents Act 1985

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
/"ines, 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 3 Withdrawal of infringement notice

i'ravel Agents Act 1985	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name --

ACN

Address Postcode

Infringement Infringement notice no.

notice	Date of issue	/	/20
Alleged	Description of offence
offence

Travel Agents Act 1985 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.
[ d	* elete
whichever	or
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 - Travel Agents Act 1985

Department of Consumer and Employment Protection
Locked Bag 14 Cloisters Square

Perth WA 6850

/

4146 GOVERNMENT GAZETTE, WA 22 September 2006

7.            Schedule 1B inserted

After Schedule IA the following Schedule is inserted —

44  

Schedule 1B — Prescribed offences and

modified penalties

[r. 16]

Nlodilied

Offences under Travel Agents Act 1985 penally

s. 9(4)	Applicant failing to notify change of particulars	$200
s. 14(2)	Carrying on business as travel agent under unlicensed name	$1 000
s. 16(1)	Failing to notify change of address	$200
s. 16(2)	Failing to notify cessation of business from licensed address	$200

s. 19(7)	Former licensee failing to lodge annual statement $200
s. 19(8)	Licensee failing to notify change of particulars $200
s. 22(5)	Failure to return cancelled licence $200
s. 26	Failing to display particulars at place of business $200
s. 27	Failing to include name and licence number in
advertisement $200
s. 28(1)	Using business documents not showing
licensed name $200
s. 29	Failing to employ qualified supervisor $200
s. 35	Failing to produce licence for endorsement $200
s. 41	Failing to keep records $200

By Command of the Governor,

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