Western Australia Consumer Affairs Act 1971 Consumer Affairs Regulations 1972 | | | | | | |Reprinted under | | | |the Reprints Act | | | |1984 as at 3 | | | |November 2006 | Western Australia Consumer Affairs Regulations 1972 CONTENTS 1. Citation 1 2. Infringement notices 1 3. Forms 2 4. Service of notices 2 5. Personating officers of Department etc. 2 Schedule 1 - Prescribed offences and modified penalties Schedule 2 - Forms Notes Compilation table 8 | |[pic] | | | | |Reprinted under | | | |the Reprints Act | | | |1984 as at 3 | | | |November 2006 | Western Australia Consumer Affairs Act 1971 Consumer Affairs Regulations 1972 1. Citation These regulations may be cited as the Consumer Affairs Regulations 1972 1. [Regulation 1 amended in Gazette 11 Dec 1981 p. 5071; 22 Sep 2006 p. 4085.] 2. Infringement notices (1) The offences specified in Schedule 1 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 1 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. [Regulation 2 inserted in Gazette 22 Sep 2006 p. 4085.] 3. Forms The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms. [Regulation 3 inserted in Gazette 22 Sep 2006 p. 4085.] 4. Service of notices Where pursuant to the Act or these regulations a person is required by notice in writing to - (a) give any information; (b) answer any question; or (c) produce any document, that notice may be served on that person - (d) by delivering the notice to him personally; (e) by leaving the notice for him at his usual or last known place of abode, or at his usual or last known place of business or employment; or (f) by posting the notice as a registered letter addressed to him at his usual or last known place of abode, or at his usual or last known place of business or employment. 5. Personating officers of Department etc. (1) A person who - (a) forges or counterfeits any warrant or document; (b) makes use of any forged, counterfeited or false warrant or document; (c) personates a person named in a document; (d) falsely pretends to be - [(i) deleted] (ii) the Commissioner; or (iii) an officer of the Department; or (e) falsely pretends to be acting pursuant to authority conferred by or under the Act, commits an offence. Penalty: $200. (2) A reference in this regulation to a warrant or document shall be construed as a reference to a warrant or document of a kind required under section 19(2) of the Act. [Regulation 5 inserted in Gazette 8 Feb 1974 p. 358; amended in Gazette 11 Dec 1981 p. 5071; 22 Sep 2006 p. 4085.] Schedule 1 - Prescribed offences and modified penalties [r. 2] [Heading inserted in Gazette 22 Sep 2006 p. 4086.] | |Modifie| |Offences under Consumer Affairs Act 1971 |d | | |penalty| |s. 21(1) |Failing to supply information, | | | |answer question or produce |$200 | | |document | | | |..................................| | | |......... | | |s. 23S |Supplying goods in contravention |$1 000 | | |of order .......... | | |s. 23V(1)|Supplying goods that do not comply| | |, 23W |with prescribed safety |$1 000 | | |requirements | | | |............................. | | |s. 23V(2)|Supplying components that do not | | |, 23W |comply with prescribed safety |$1 000 | | |requirements | | | |............................. | | [Schedule 1 inserted in Gazette 22 Sep 2006 p. 4086.] Schedule 2 - Forms [r. 3] [Heading inserted in Gazette 22 Sep 2006 p. 4086.] Form 1 - Infringement notice |Consumer Affairs Act 1971 |Infringement | |Infringement notice |notice no. | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |____________________________________ | | |ACN | | |Address | | |__________________________________________| | |______ | | |Postcode | |Alleged |Description of offence | |offence |_____________________________________ | | |Consumer Affairs Act 1971 s. | | |Date / /20 Time a.m./p.m. | | |Modified penalty $ | |Officer |Name | |issuing | | |notice | | | |Signature | | |Office | |Date |Date of notice / /20 | |Notice to|It is alleged that you have committed the | |alleged |above offence. | |offender |If you do not want to be prosecuted in | | |court for the offence, pay 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 - Consumer | | |Affairs Act 1971') to: | | |Approved Officer - Consumer Affairs | | |Act 1971 | | |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 1 inserted in Gazette 22 Sep 2006 p. 4086-7.] Form 2 - Withdrawal of infringement notice |Consumer Affairs Act 1971 |Withdrawal no. | |Withdrawal of infringement notice | | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |___________________________________ | | |ACN | | |Address | | |_________________________________________| | |______ | | |Postcode | |Infringeme|Infringement notice no. | |nt notice | | | |Date of issue / /20 | |Alleged |Description of offence | |offence |___________________________________ | | |Consumer Affairs Act 1971 s. | | |Date / /20 Time a.m./p.m. | |Officer |Name | |withdrawin| | |g notice | | | |Signature | | |Office | |Date |Date of withdrawal / /20 | |Withdrawal|The above infringement notice issued | |of |against you has been withdrawn. | |infringeme|If you have already paid the modified | |nt notice |penalty for the alleged offence you are | | |entitled to a refund. | |[*delete |* Your refund is enclosed. | |whichever |or | |is not |* If you have paid the modified penalty | |applicable|but a refund is not enclosed, to claim | |] |your refund sign this notice and post it | | |to: | | |Approved Officer - Consumer Affairs | | |Act 1971 | | |Department of Consumer and Employment | | |Protection | | |Locked Bag 14 Cloisters Square | | |Perth WA 6850 | | |Signature / /20 | [Form 2 inserted in Gazette 22 Sep 2006 p. 4087.] Notes 1 This reprint is a compilation as at 3 November 2006 of the Consumer Affairs Regulations 1972 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Consumer Protection Act|15 Dec 19|15 Dec 1972 | |Regulations 2 |72 | | | |p. 4718 | | |Untitled regulations |8 Feb 197|8 Feb 1974 | | |4 p. 358 | | |Consumer Affairs |11 Dec 19|11 Dec 1981 (see | |Amendment |81 |r. 2 and Gazette | |Regulations 1981 |p. 5071 |11 Dec 1981 p. 5053)| |Reprint 1: The Consumer Affairs Act Regulations as at | |20 Aug 2004 (includes amendments listed above) | |Consumer Affairs |22 Sep 20|22 Sep 2006 (see | |Amendment |06 |r. 2(a)) | |Regulations 2006 |p. 4084-7| | |Reprint 2: The Consumer Affairs Regulations 1972 as at| |3 Nov 2006 (includes amendments listed above) | 2 Now known as the Consumer Affairs Regulations 1972; citation changed (see note under r. 1).