Infringement notices
16 Infringement notices
The offences specified in the Third Schedule are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
The modified penalty specified opposite an offence in the Third Schedule is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
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.
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 16 inserted: Gazette 22 Sep 2006 p. 4102.]
First Schedule
[Forms 1 and 2 deleted: Gazette 27 Jun 2017 p. 3412.]
[Form 3 deleted: Gazette 30 Dec 2004 p. 6917.]
Form 4
Debt Collectors Licensing Act 1964
NOTIFICATION TO COMMISSIONER OF POLICE
Name of Licensee | Place of Abode | Sole or Principal Place of Business | Licence No. and Expiry Date | Date of Issue, Renewal or Cancellation | Action Notified* |
* Issue, renewal, cancellation or surrender or notification of change of place of business or transfer of licence.
......................................................................
Commissioner for Consumer Protection
[Form 4 amended: Gazette 30 Dec 2004 p. 6917; 12 Jan 2007 p. 47.]
[Forms 5 and 6 deleted: Gazette 27 Jun 2017 p. 3412.]
Form 7
Debt Collectors Licensing Act 1964 Infringement notice | Infringement | |
Alleged offender | Name: Family name | |
Given names | ||
or Company name __________________________________ ACN | ||
Address ________________________________________________ Postcode | ||
Alleged offence | Description of offence _____________________________________ | |
Debt Collectors Licensing Act 1964 s. Debt Collectors Licensing Regulations 1964 r. | ||
Date / /20 Time a.m./p.m. | ||
Modified penalty $ | ||
Officer issuing notice | Name | |
Signature | ||
Office | ||
Date | Date of notice / /20 | |
Notice to alleged offender | It is alleged that you have committed the above offence. 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 — Debt Collectors Licensing Act 1964’) to: Approved Officer — Debt Collectors Licensing Act 1964 Department of Mines, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 In person: Pay the cashier at: Department of Mines, Industry Regulation and Safety [street address to be inserted] | |
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, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. 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 7 inserted by Gazette 22 Sep 2006 p. 4103; amended by Gazette 20 Aug 2013 p. 3828; 2 Oct 2018 p. 3795; SL 2020/163 r. 20.]
Form 8
Debt Collectors Licensing Act 1964 Withdrawal of infringement notice | Withdrawal no. | |
Alleged offender | Name: Family name | |
Given names | ||
or Company name _________________________________ ACN | ||
Address _______________________________________________ Postcode | ||
Infringement notice | Infringement notice no. | |
Date of issue / /20 | ||
Alleged offence | Description of offence ___________________________________ | |
Debt Collectors Licensing Act 1964 s. Debt Collectors Licensing Regulations 1964 r. | ||
Date / /20 Time a.m./p.m. | ||
Officer withdrawing notice | Name | |
Signature | ||
Office | ||
Date | Date of withdrawal / /20 | |
Withdrawal of infringement notice [*delete | The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. or | |
* 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 — Debt Collectors Licensing Act 1964 Department of Mines, Industry Regulation and Safety Locked Bag 14 Cloisters Square Perth WA 6850 Signature / /20 | ||
[Form 8 inserted by Gazette 22 Sep 2006 p. 4103-4; amended by Gazette 2 Oct 2018 p. 3795.]
Second Schedule
Debt Collectors Licensing Act 1964
FIDELITY BOND
KNOW ALL MEN BY THESE PRESENTS that
(insert name in full of the corporation which is the surety) an incorporated company carrying on the business of insurance in the State of Western Australia (in this bond called “the Surety”) is hereby firmly held and bound to Her Most Gracious Majesty Queen Elizabeth II, Her Heirs, Successors and Assigns in the sum of ($10 000 if the licensee is a corporation or $6 000 where the licensee is a natural person) to be paid to Her Majesty, Her Heirs, Successors or Assigns for which payment well and truly be made the Surety binds itself and its successors firmly by these presents.
Sealed with our seal
Dated this .......................................... day of ........................................., 20..........
WHEREAS one (name of applicant for a debt collector’s licence with his address and description) ........................................................................................ (in this bond called “the Applicant”) is an applicant for the grant of a debt collector’s licence under the Debt Collectors Licensing Act 1964, and under the provisions of that Act each such applicant is required to lodge with its or his application a fidelity bond for the sum of $10 000 if the applicant is a corporation and $6 000 if the applicant is a natural person from some insurance company approved for the purpose by the Minister for the time being administering the Act; and whereas the above bounden Surety has agreed to enter into the above written bond. Now, therefore, the condition of the above written bond is such that if the applicant is granted a debt collector’s licence under the Debt Collectors Licensing Act 1964, and if from time to time and at all times thereafter the applicant shall duly pay all penalties, damages and costs adjudged against the licensee to whom the bond relates in respect of any act done or omitted by him as a debt collector before the bond is terminated and shall duly observe and comply with all the provisions of that Act and the regulations thereunder with respect to any moneys received by him or it or by any partnership of which he or it is or shall be a member as a debt collector or debt collectors and the applicant shall duly and faithfully account for and pay over to the persons respectively entitled thereto all moneys received by the applicant or by any partnership of which he or it is or shall be a member in the course of his or its business as debt collectors but so that no granting by or on behalf of Her Majesty the Queen or the Minister or any person paying to the applicant or to any such partnership or any employee of the applicant any of those moneys or by or on behalf of any person entitled to any of those moneys or any person employing the applicant or any such partnership as debt collectors, of any time, credit, forbearance or indulgence to the applicant, to any such partnership or employee of the applicant shall in any way release the Surety from liability under the above written bond then the above written bond shall be void but otherwise shall remain in full force and effect, but if the Surety gives notice in writing to the licensee, the Commissioner of Police and to the Commissioner that the Surety desires to be relieved of any further liability thereunder as from the date specified in the notice, being a date not earlier than 30 days from the service of the notice, the obligation of the surety under these presents shall cease as from the date so specified but notwithstanding such determination the Surety shall continue to be liable —
in respect of all penalties, damages and costs adjudged against the licensee to whom the above written bond relates in respect of any act, done or omitted before the date of the determination of the bond; and
for the due accounting after the specified date by the licensee to the persons entitled thereto, of all trust money received by the licensee before the specified date.
In witness whereof the Surety has hereunto affixed its Common Seal the day and year above written.
The Common Seal of
was hereunto affixed
pursuant, etc.,
in the presence of:
[Second Schedule amended: Gazette 30 Dec 2004 p. 6917; 22 Sep 2006 p. 4104.]
Third Schedule — Prescribed offences and modified penalties
[r. 16]
[Heading inserted: Gazette 22 Sep 2006 p. 4104.]
| Modified penalty | |
|---|---|---|
s. 5 | Unlicensed person carrying on business as a debt collector ........................................................... |
|
s. 15(4) | Failing to notify Commissioner of opening or change of name of trust account ............................. |
|
| Modified penalty | |
r. 11 | Using vehicle identifying person as debt |
|
r. 12 | Failing to notify Commissioner of change of address ..................................................................... |
|
[Third Schedule inserted: Gazette 22 Sep 2006 p. 4104.]
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