4Forms
The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.
[Regulation 4 inserted: Gazette 20 Mar 2007 p. 1044.]
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Bill homepageThe forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.
[Regulation 4 inserted: Gazette 20 Mar 2007 p. 1044.]
The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).
[Regulation 9 inserted: Gazette 20 Mar 2007 p. 1044.]
The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
The Director is to issue to each authorised officer a certificate of his or her appointment.
[Regulation 10 inserted: Gazette 20 Mar 2007 p. 1045; amended: Gazette 6 Nov 2009 p. 4467.]
In this Part —
appeal means an appeal under section 19B(2)(b) of the Act;
appellant means a network operator who commences an appeal;
technical review panel means a panel mentioned in section 19B(2)(b) of the Act.
[Regulation 11 inserted: Gazette 30 Nov 2007 p. 5931‑2.]
If an appeal is made under section 19B(2)(b) of the Act, the chief executive officer must convene a technical review panel.
The technical review panel is to consist of 3 professional engineers who are competent to deal with the matter the subject of the appeal appointed by the chief executive officer from individuals nominated by the President of the Western Australian Division of The Institution of Engineers Australia.
The chief executive officer must appoint one of the members of the technical review panel to be the chairperson.
The chief executive officer may —
direct that the members of the technical review panel are to be paid remuneration; and
determine the amount of any such payments on the recommendation of the Public Sector Commissioner.
The chief executive officer must provide the technical review panel with such support services as it may reasonably require.
[Regulation 12 inserted: Gazette 30 Nov 2007 p. 5932; amended: Gazette 11 Feb 2011 p. 506‑7.]
An appeal must be commenced by the appellant giving the chief executive officer a notice of appeal.
The notice of appeal must —
be in writing; and
set out the grounds of appeal; and
set out any representations that the appellant wishes to make in support of the appeal.
The notice of appeal must be given to the chief executive officer within 30 days after the day on which the appellant received —
written notice of the Director’s determination under section 19A(5) of the Act; or
written notice of the Director’s refusal to approve an agreement reached under section 18C(6) of the Act.
The chief executive officer must give the technical review panel the notice of appeal as soon as practicable after the technical review panel is convened.
Subject to subregulation (6), the technical review panel may determine its own procedure.
The technical review panel must give the Director —
a copy of the notice of appeal; and
a reasonable opportunity to make submissions in relation to the appeal.
The technical review panel must complete the review by making a decision under section 19B(3) of the Act within the period specified by the chief executive officer in writing.
The technical review panel must give the appellant and the Director written notice of its decision made under section 19B(3) of the Act.
[Regulation 13 inserted: Gazette 30 Nov 2007 p. 5932‑3.]
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