Credit (Administration) Regulations 1985 (WA)

Western Australia Credit (Administration) Act 1984 Credit (Administration) Regulations 1985 Western Australia Credit (Administration) Regulations 1985 Contents 1. Citation 1 2. Commencement 1 3. Interpretation 1 4. Prescribed fees for an application for a licence (s. 9) 1 5. Duplicate licence (s. 16(2)) 3 6. Inspection fees (s. 19) 3 7. Licence fee (s. 21(1)) 4 7A. Late fee under s. 21(5) 5 8A. Refund of fees after referral day 5 8B. Reimbursement of application fee after referral day 6 8. Prescribed officer (s. 49(1)(b)) 7 9. Infringement notices 7 10. Forms 7 Schedule 1 — Prescribed offences and modified penalties Schedule 2 — Forms Notes Compilation table 12 Defined terms Credit (Administration) Act 1984 Credit (Administration) Regulations 1985

1. Citation These regulations may be cited as the Credit (Administration) Regulations 1985.

2. Commencement These regulations come into operation on 1 March 1985.

3. Interpretation In these regulations unless the context otherwise requires — the Act means the Credit (Administration) Act 1984; the Credit Act means the Credit Act 1984.

4. Prescribed fees for an application for a licence (s. 9) (1) Subject to this regulation, the prescribed fee payable under section 9(2) in respect of an application for a licence shall be — (a) where the applicant was the holder of a credit providers licence under the Hire‑Purchase Act 1959 an amount calculated as follows — where F means the fee payable; and A means the relevant amount provided by the applicant under the previous licence as determined by the commissioner, reduced proportionately for each month of the unexpired period of the previous licence that remains after 30 April 1985; (b) where the applicant was not the holder of a licence under the Hire‑Purchase Act 1959 an amount calculated as follows — where F means the fee payable; and A means the actual amount of relevant credit provided in Western Australia by the licensee in the previous 12 months, but, in any event the amount payable shall be not less than $620 and shall not exceed $23 000. (1a) Where an applicant for a licence carries on or proposes to carry on business as a credit provider — (a) as a partner — the fee payable in respect of the application shall be the fee payable under subregulation (1) calculated by reference to the amount of credit provided by the partnership and divided by the number of partners in the partnership at the time of the application and, where the applicant is a partner in more than one partnership, the sum of those amounts; (b) on his own account and as a partner — the fee payable in respect of the application shall be the sum of the amounts payable under subregulation (1) and paragraph (a). (1b) Where the applicant is one of the trustees of a trust the provisions of subregulation (1a) apply as though the applicant were a partner and the other trustees were partners. (2) In subregulation (1) — previous licence means the licence issued to the applicant under the Hire‑Purchase Act 1959 and in force immediately prior to 30 April 1985; relevant amount means the sum of the average monthly amounts of credit under the Hire‑Purchase Act 1959 in the period of 12 months ending on 30 April 1985 to which the Credit Act would have applied had that Act been in force at that time. [Regulation 4 (erratum: Gazette 3 May 1985 p. 1586); amended: Gazette 31 May 1985 p. 1903; 21 Jun 1985 p. 2260; 13 Jun 1986 p. 1996; 4 Sep 1987 p. 3517; 29 Jul 1988 p. 2563; 30 Jun 1989 p. 1974; 1 Aug 1990 p. 3651; 13 Dec 1991 p. 6158; 14 Aug 1992 p. 4022; 30 Nov 1993 p. 6408‑9; 27 Jun 2006 p. 2253; 15 Jun 2007 p. 2770; 17 Jun 2008 p. 2548.]