Western Australia Fair Trading (Infringement Notices) Regulations 2006 Western Australia Fair Trading (Infringement Notices) Regulations 2006 CONTENTS 1. Citation 1 2. Prescribed offences and modified penalties 1 3. Forms 1 Schedule 1 - Prescribed offences and modified penalties Schedule 2 - Forms Notes Compilation table 8 Western Australia Fair Trading Act 1987 Fair Trading (Infringement Notices) Regulations 2006 1. Citation These regulations are the Fair Trading (Infringement Notices) Regulations 2006. 2. Prescribed offences and modified penalties (1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 73 of the Act. (2) The modified penalty to be specified in an infringement notice issued for an offence is the modified penalty set out for that offence in Schedule 1. 3. Forms The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms. Schedule 1 - Prescribed offences and modified penalties [r. 2] |Offences under Fair Trading Act 1987 |Modifie| | |d | | |penalty| |s. 12(1)|Making a false representation in | | |, 69 |connection with supply of goods or |$2 000 | | |services | | | |...................................| | | |.. | | |s. 12(2)|Making a false representation in | | |, 69 |connection with disposal of land |$2 000 | | |...................................| | | |.................... | | |s. 12(4)|Publishing, or causing to be | | |, 69 |published, a false representation |$2 000 | | |...................................| | | |....................... | | |s. 14(1)|Engaging in misleading conduct in | | |, 69 |connection with offer of employment|$2 000 | | |...................................| | | |.... | | |s. 15, |Failing to specify cash price when | | |69 |making representations as to | | | |partial consideration for goods or |$2 000 | | |services | | | |...................................| | | |.................. | | |s. 17, |Engaging in misleading conduct as | | |69 |to nature, manufacture, | | | |characteristics, suitability or |$2 000 | | |quantity of goods | | | |...................................| | | |.................. | | |s. 18, |Engaging in misleading conduct as | | |69 |to nature, characteristics, |$2 000 | | |suitability or quantity of services| | | |... | | |s. 19(2)|Failing to supply goods, services | | |, 69 |or land as advertised |$2 000 | | |...................................| | | |............................. | | |s. 20, |Inducing consumer to acquire goods | | |69 |or services by representation that | | | |the customer will receive a benefit| | | |for supplying names of prospective |$2 000 | | |customers | | | |...................................| | | |................ | | |s. 28(1)|Sending unsolicited debit or credit|$2 000 | |, 69 |card .................. | | |s. 28(3)|Enabling a person to use a credit | | |, 69 |card or debit card without written |$2 000 | | |request | | | |...................................| | | |. | | |s. 29(5)|Requesting goods, services or | | | |directory entry on behalf of |$200 | | |another person without authority | | | |............. | | |s. 51(1)|Supplying goods that do not comply | | |, 69 |with product safety standard |$1 000 | | |...................................| | | |........ | | |s. 51(2)|Supplying components that do not | | |, 69 |comply with product safety standard|$1 000 | | |...................................| | | |........ | | |s. 52(1)|Supplying goods in contravention of| | |, 69 |a banning order |$1 000 | | |...................................| | | |...................................| | | |.. | | |s. 54(9)|Failing to give notice to person | | | |outside WA supplied with goods that|$500 | | |are recalled ......................| | |s. 54(10|Failing to give notice to | | |) |Commissioner of voluntary recall |$500 | | |...................................| | | |.................... | | |s. 60(1)|Supplying goods that do not comply | | |, 69 |with product information standard |$1 000 | | |.................................. | | |s. 60(2)|Supplying components that do not | | |, 69 |comply with product information |$1 000 | | |standard | | | |.................................. | | |s. 61(1)|Providing inaccurate information in| | |, 69 |respect of goods, services or land |$1 000 | | |...................................| | | |..... | | |s. 65(1)|Supplying goods that do not comply | | |, 69 |with product quality standard |$1 000 | | |...................................| | | |....... | | |s. 67(1)|Supplying goods that do not comply | | |, 69 |with packaging standard |$1 000 | | |...................................| | | |............... | | [Schedule 1 amended in Gazette 20 Feb 2007 p. 506.] Schedule 2 - Forms [r. 3] Form 1 - Infringement notice |Fair Trading 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 |_____________________________________ | | |Fair Trading Act 1987 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 21 days after the date of | | |this notice. | | |How to pay | | |By post: Send a cheque or money order | | |(payable to 'Designated Officer - Fair | | |Trading Act 1987') to: | | |Designated Officer - Fair Trading 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 21 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 Commissioner for | | |Consumer Protection 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 Commissioner | | |for Consumer Protection at the above | | |postal address within 21 days after the | | |date of this notice. | [Form 1 amended in Gazette 12 Jan 2007 p. 47.] Form 2 - Withdrawal of infringement notice |Fair Trading Act 1987; s.73(7) |Withdrawal no. | |Withdrawal of infringement notice | | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |_____________________________________ | | |ACN | | |Address | | |__________________________________________| | |_______ | | |Postcode | |Infringem|Infringement notice no. | |ent | | |notice | | | |Date of issue / /20 | |Alleged |Description of offence | |offence |____________________________________ | | |Fair Trading Act 1987 s. | | |Date / /20 Time a.m./p.m. | |Officer |Name | |withdrawi| | |ng notice| | | |Signature | | |Office | |Date |Date of withdrawal / /20 | |Withdrawa|The above infringement notice issued | |l of |against you has been withdrawn. | |infringem|If you have already paid the modified | |ent |penalty for the alleged offence you are | |notice |entitled to a refund. | | |* Your refund is enclosed. | |[*delete |or | | |* If you have paid the modified penalty | |whichever|but a refund is not enclosed, to claim | | |your refund sign this notice and post it | |is not |to: | |applicabl|Designated Officer - Fair Trading Act 1987| |e] | | | |Department of Consumer and Employment | | |Protection | | |Locked Bag 14 Cloisters Square | | |Perth WA 6850 | | |Signature / /20 | Form 3 - Certificate of authorisation |Fair Trading Act 1987 | |Certificate of authorisation | |This is to certify that | |____________________________________________________| |_____________ | |[Full name] | |is authorised under the Fair Trading Act 1987 | |section 73(10)(a) to issue infringement notices | |under that Act. | | | |_________________________________________ | |Commissioner for Consumer Protection | | | |Date of authorisation ________________________ | [Form 3 amended in Gazette 12 Jan 2007 p. 47.] Notes 1 This is a compilation of the Fair Trading (Infringement Notices) Regulations 2006 and includes the amendments made by the other written laws referred to in the following table. Compilation table |Citation |Gazettal |Commencement | |Fair Trading |22 Sep 20|22 Sep 2006 | |(Infringement Notices) |06 | | |Regulations 2006 |p. 4112-1| | | |5 | | |Fair Trading |12 Jan 20|12 Jan 2007 | |(Infringement Notices) |07 p. 47 | | |Amendment | | | |Regulations 2006 | | | |Fair Trading |20 Feb 20|20 Feb 2007 | |(Infringement Notices) |07 | | |Amendment |p. 505-6 | | |Regulations 2007 | | |