Hire-Purchase (General) Regulations 1975 (WA)

Western Australia Hire-Purchase Act 1959 Hire-Purchase (General) Regulations 1975 Western Australia Hire-Purchase (General) Regulations 1975 Contents 1. Citation 1 2. Terms used 1 3. Application by owner for consent to take possession (Form 1) 1 4. Application for relief on the grounds of sickness or unemployment (Form 2) 1 5. Explanation of hirer's rights to statutory rebate 2 6. Infringement notices 4 Schedule 1 — Forms Schedule 2 — Prescribed offences and modified penalties Notes Compilation table 15 Defined terms Hire‑Purchase Act 1959 Hire‑Purchase (General) Regulations 1975

1. Citation These regulations may be cited as the Hire‑Purchase (General) Regulations 1975.

2. Terms used In these regulations — Form means a form in Schedule 1; section means a section of the Act. [Regulation 2 inserted: Gazette 22 Sep 2006 p. 4116.]

3. Application by owner for consent to take possession (Form 1) An application pursuant to section 12A by an owner for the consent of the Commissioner for the taking of possession of goods the subject of a hire‑purchase agreement shall be in the form of Form 1.

4. Application for relief on the grounds of sickness or unemployment (Form 2) (1) An application pursuant to section 36A for relief by reason of sickness or unemployment of a hirer against the consequences of a breach of a hire‑purchase agreement shall be in the form of Form 2. (2) In considering an application referred to in subregulation (1) the commissioner shall have regard to — (a) the likely duration of the sickness of the hirer; (b) the likely duration of the period of unemployment of the hirer; (c) the financial circumstances of the hirer; (d) the effect that a refusal of relief under section 36A would have on the financial circumstances of the hirer; (e) where the goods the subject of the hire‑purchase agreement are necessary for the livelihood of the hirer, the effect a breach of the agreement would have on the financial circumstances of the hirer; (f) the extent of the hirer's equity in the goods the subject of the hire‑purchase agreement; (g) the obligations of the hirer in the event of a breach of the hire‑purchase agreement; and (h) the consequences of a breach of the hire‑purchase agreement for any guarantor of the hire‑purchase agreement. (3) For the purpose of considering an application referred to in subregulation (1) the commissioner may require the hirer and any guarantor of the hire‑purchase agreement to produce such information as the Commissioner considers necessary.