Western Australian Consolidated Regulations

MOTOR VEHICLE REPAIRERS REGULATIONS 2007 - REG 19

19 .         Notice and waiver of fee relating to transitional applications

        (1)         In this regulation —

        prescribed fee means the fee payable under the Act section 13(3)(a)(ii).

        (2)         This regulation applies if the Board proposes to issue a transitional licence.

        (3)         The Board must waive payment of so much (if any) of the prescribed fee as is determined under subregulation (5).

        (4)         The Board must issue a notice to the existing repair business stating —

            (a)         that the Board proposes to issue a business licence to the existing repair business on the proposed issue day specified in the notice, being the first day of a month and not later than 2 months after the date of the notice; and

            (b)         the period for which the proposed licence is to be issued; and

            (c)         the amount of payment required, being the amount payable by the existing repair business under regulation 7A(1)(a)(ii) less any waiver determined under subregulation (5); and

            (d)         the provisions under subregulations (6) and (7); and

            (e)         whether, for the purposes of subregulation (8), the notice is to cease to have effect or the application is to be taken to have been withdrawn if the required payment is not received by the Board before the proposed issue day.

        (5)         For the purposes of subregulation (4)(c), the amount of the prescribed fee to be waived is —

            (a)         if the proposed issue day is before the expiry of 12 months after the commencement of the Act section 9, the following amount rounded to the nearest dollar —

                where —

        a         has the meaning given in regulation 7A(2); and

        m         is the number of months in the period beginning on the proposed issue day and ending at the expiry of 12 months after the commencement of the Act section 9;

            (b)         if the proposed issue day is after the expiry of 12 months after the commencement of the Act section 9 — nil.

        (6)         The existing repair business must, unless the existing repair business notifies the Board that he, she or it is withdrawing the application, ensure that the required payment is received by the Board before the proposed issue day.

        (7)         If the required payment is received by the Board before the proposed issue day, the licence is to be taken to be issued on the proposed issue day.

        (8)         If the required payment is not received by the Board before the proposed issue day, the notice ceases to have effect or the application is taken to have been withdrawn, as is stated in the notice.

        (9)         If a notice ceases to have effect under subregulation (8), the Board may issue another notice under this regulation specifying a new proposed issue day for the licence.

        (10)         The issue of a notice by the Board under this regulation specifying a proposed issue day for a licence that is after the expiry of 12 months after the commencement of the Act section 9 is not to be taken as authorising the existing repair business to carry on the business after that expiry and before the issue of the licence.

        [Regulation 19 inserted in Gazette 24 Jun 2008 p. 2828-30.]