Western Australian Current Regulations

FAIR TRADING (INFRINGEMENT NOTICES) REGULATIONS 2012 - SCHEDULE 3

[r. 6]

Form 1 — Infringement notice relating to offence under Fair Trading Act 2010

Fair Trading Act 2010 INFRINGEMENT NOTICE						Infringement notice no.
Alleged offender	Name
	Address
Details of alleged offence	Date or period
	Place
	Written law contravened		Section         of the Fair Trading Act 2010
	Details of offence
Date	Date of notice
Issuing officer	Name
	Office
	Signature
Modified penalty	$_____
Penalty	Individual		$_____	You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.
	Body corporate		$_____
TAKE NOTICE	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 to the Approved Officer within 28 days after the date of this notice. 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 should contact the Approved Officer at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 and post this notice to the Approved Officer at the address below within 28 days after the date of this notice. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
How to pay	By post	Tick the relevant box below and post this notice to: Approved Officer — Fair Trading Act 2010 Department of Commerce Locked Bag 14 CLOISTERS SQUARE WA 6850 ?         I want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer — Fair Trading Act 2010 ’) for the modified penalty is enclosed. ?         I want to pay the modified penalty by credit card. Please debit my credit card account. Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ Complete all details
	In person	Pay the cashier at: Department of Commerce 219 St George’s Terrace, Perth, WA
Method of service					Date of service

        [Form 1 amended: Gazette 20 Aug 2013 p. 3833; SL 2020/163 r. 30.]

Form 2 — Withdrawal of infringement notice relating to offence under Fair Trading Act 2010

Fair Trading Act 2010 WITHDRAWAL OF INFRINGEMENT NOTICE				Withdrawal no.
Alleged offender	Name
	Address
Details of infringement notice	Infringement notice no.
	Date of issue
Details of alleged offence	Date or period
	Place
	Written law contravened	Section         of the Fair Trading Act 2010
	Details of offence
Approved Officer withdrawing notice	Name
	Office
	Signature
Date	Date of withdrawal
Withdrawal of infringement notice [*Delete whichever is not applicable]	The above infringement notice issued against you for the above alleged offence 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, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — Fair Trading Act 2010 Department of Commerce Locked Bag 14 CLOISTERS SQUARE WA 6850
Your signature			Date

Form 3 — Infringement notice relating to offence under Australian Consumer Law (WA)

Australian Consumer Law (WA) INFRINGEMENT NOTICE						Infringement notice no.
Alleged offender	Name
	Address
Details of alleged offence	Date or period
	Place
	Written law contravened		Section         of the Australian Consumer Law (WA)
	Details of offence
Date	Date of notice
Issuing officer	Name
	Office
	Signature
Modified penalty	$_____
Penalty	Body corporate		$_____	You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.
	Person that is not body corporate		$_____
TAKE NOTICE	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 to the Approved Officer within 28 days after the date of this notice. 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 should contact the Approved Officer at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 and post this notice to the Approved Officer at the address below within 28 days after the date of this notice. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
How to pay	By post	Tick the relevant box below and post this notice to: Approved Officer — Fair Trading Act 2010 Department of Commerce Locked Bag 14 CLOISTERS SQUARE WA 6850 ?         I want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer — Fair Trading Act 2010 ’) for the modified penalty is enclosed. ?         I want to pay the modified penalty by credit card. Please debit my credit card account. Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ Complete all details
	In person	Pay the cashier at: Department of Commerce 219 St George’s Terrace, Perth, WA
Method of service					Date of service

        [Form 3 amended: Gazette 20 Aug 2013 p. 3833; SL 2020/163 r. 30.]

Form 4 — Withdrawal of infringement notice relating to offence under Australian Consumer Law (WA)

Australian Consumer Law (WA) WITHDRAWAL OF INFRINGEMENT NOTICE				Withdrawal no.
Alleged offender	Name
	Address
Details of infringement notice	Infringement notice no.
	Date of issue
Details of alleged offence	Date or period
	Place
	Written law contravened	Section         of the Australian Consumer Law (WA)
	Details of offence
Approved Officer withdrawing notice	Name
	Office
	Signature
Date	Date of withdrawal
Withdrawal of infringement notice [*Delete whichever is not applicable]	The above infringement notice issued against you for the above alleged offence 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, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — Fair Trading Act 2010 Department of Commerce Locked Bag 14 CLOISTERS SQUARE WA 6850
Your signature			Date

Notes

This is a compilation of the Fair Trading (Infringement Notices) Regulations 2012 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Fair Trading (Infringement Notices) Regulations 2012	24 Apr 2012 p. 1745‑61	r. 1 and 2: 24 Apr 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Apr 2012 (see r. 2(b))
Fair Trading (Infringement Notices) Amendment Regulations 2013	20 Aug 2013 p. 3833	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 15	SL 2020/163 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
Commissioner         3