Western Australia Motor Vehicle Dealers Act 1973 Motor Vehicle Dealers (Infringements) Regulations 2002 Western Australia Motor Vehicle Dealers (Infringements) Regulations 2002 CONTENTS 1. Citation 1 2. Commencement 1 3. Offences for which infringement notices may be given (s. 55A(2)) 1 4. Modified penalties (s. 55A(4)) 1 5. Form of infringement notice (s. 55A(3)) 2 6. Form of notice withdrawing infringement notice (s. 55A(7)) 2 Schedule 1 - Prescribed offences and modified penalties Schedule 2 - Forms Notes Compilation table 6 Western Australia Motor Vehicle Dealers Act 1973 Motor Vehicle Dealers (Infringements) Regulations 2002 1. Citation These regulations may be cited as the Motor Vehicle Dealers (Infringements) Regulations 2002. 2. Commencement These regulations come into operation on the day on which the Motor Vehicle Dealers Amendment Act 2002 comes into operation. 3. Offences for which infringement notices may be given (s. 55A(2)) For the purposes of section 55A(2) of the Act, an offence set out in Schedule 1 Column 1 is prescribed to be an offence in respect of which an infringement notice may be given. 4. Modified penalties (s. 55A(4)) For the purposes of section 55A(4) of the Act, the modified penalty set out in Schedule 1 Column 2 opposite an offence referred to in Column 1 is the prescribed modified penalty for that offence. 5. Form of infringement notice (s. 55A(3)) For the purposes of section 55A(3) of the Act, Schedule 2 Form 1 is the prescribed form of an infringement notice. 6. Form of notice withdrawing infringement notice (s. 55A(7)) For the purposes of section 55A(7) of the Act, Schedule 2 Form 2 is the prescribed form of a notice stating that an infringement notice has been withdrawn. Schedule 1 - Prescribed offences and modified penalties [r. 3 and 4] |Column 1 |Column 2 | |Prescribed offence |Modified penalty | |Motor Vehicle Dealers Act 1973 | |s. 20G(3) |$150 | |s. 21 |$150 | |s. 21C(3) |$150 | |s. 21D |$150 | |s. 23(1) |$200 | |s. 23(2) |$200 | |s. 24(3) |$150 | |s. 25(2e) |$100 | |s. 25(1) |$500 | |s. 25(1a) |$500 | |s. 25(2a) |$500 | |s. 26(1) |$200 | |s. 26(2) |$200 | |s. 27(3) |$500 | |s. 28(10) |$200 | |s. 28(11) |$200 | |s. 30(2) |$500 | |s. 31D(2) |$500 | |s. 33(1) |$200 | |s. 33(4) |$500 | |s. 33(7) |$100 | |s. 40B(1) |$200 | |s. 41(1) |$200 | |s. 43(1) |$100 | |Motor Vehicle Dealers (Sales) Regulations 1974 | |r. 14, relating to r. 11(2) |$200 | [Schedule 1 amended in Gazette 28 Jan 2003 p. 267.] Schedule 2 - Forms [r. 5 and 6] Form 1 |Motor Vehicle Dealers Act 1973, |Notice No: | |s. 55A(3) | | |Infringement Notice | | |Alleged |Family name: | |offender | | | |Other names: | | |Address|No.: |Street name: | | | |Suburb: |Postcode: | |Alleged |Section of the Act: | |offence |Or | | |Provision of the Regulations: | | |Description of alleged offence: | | |Where and when: | |Amount of | | |modified |$ | |penalty | | |Authorised|Name: | |officer | | |who issued| | |this | | |notice | | | |Signature: | | |Date: | Notes |WHAT YOU |1. You may dispose of this matter within | |MUST DO |28 days after the service of this notice by | | |paying the modified penalty - | | |(a) BY POSTING a cheque or money order made | | |payable to the Commissioner Locked Bag 14 | | |Cloisters Square Perth WA 6850; or | | |(b) IN PERSON to the Cashier at the | | |Department of Commerce - Consumer Protection| | |219 St George's Terrace Perth; | | |OR | | | | | |2. Elect to have this matter dealt with | | |before a COURT. | | | | | |Should you not pursue any of the above | | |options within the time specified above, | | |additional administrative charges may be | | |incurred and action may be taken to suspend | | |your Motor Driver's Licence until you have | | |paid in full the modified penalty and any | | |additional charges OR you have elected to | | |have this matter dealt with before a Court. | [Form 1 amended in Gazette 12 Jan 2007 p. 49; 30 Jun 2011 p. 2663- 4.] Form 2 |Motor Vehicle Dealers Act 1973, |Notice No: | |s. 55A(7) | | |Withdrawal of Infringement Notice| | |To |Family name: | |[Details | | |of alleged| | |offender] | | | |Other names: | | |Address|No.: |Street name: | | | |Suburb: |Postcode: | |AN INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN | |WITHDRAWN. ANY PAYMENT THAT HAS BEEN MADE WILL BE | |REFUNDED AND - | |NO FURTHER ACTION WILL BE TAKEN* | |A SUMMONS WILL BE ISSUED* | |[* delete whichever is not applicable] | |Details of|Date notice given: | |withdrawn | | |notice | | | |Alleged notice: | |Designated|Name: | |official | | |who issued| | |this | | |notice | | | |Signature: | | |Date: | Notes 1 This is a compilation of the Motor Vehicle Dealers (Infringements) Regulations 2002 and includes the amendments made by the other written laws referred to in the following table. Compilation table |Citation |Gazettal |Commencement | |Motor Vehicle Dealers |13 Aug 20|1 Sep 2002 (see r. 2| |(Infringements) |02 |and Gazette | |Regulations 2002 |p. 4152-5|13 Aug 2002 p. 4151)| |Motor Vehicle Dealers |28 Jan 20|28 Jan 2003 | |(Infringements) |03 p. 267| | |Amendment | | | |Regulations 2002 | | | |Motor Vehicle Dealers |12 Jan 20|12 Jan 2007 | |(Infringements) |07 | | |Amendment |p. 48-9 | | |Regulations 2006 | | | |Motor Vehicle Dealers |30 Jun |r. 1 and 2: 30 Jun | |(Infringements) |2011 |2011 (see r. 2(a)); | |Amendment |p. 2663-4|Regulations other | |Regulations 2011 | |than r. 1 and 2: | | | |1 Jul 2011 (see | | | |r. 2(b)) |