{"id":"credit-administration-regulations-1985","name":"Credit (Administration) Regulations 1985","slug":"credit-administration-regulations-1985","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174404,"registerId":"wa-credit-administration-regulations-1985-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Credit (Administration) Regulations 1985","content":"![Crest]()Western Australia\n\nCredit (Administration) Act 1984\n\nCredit (Administration) Regulations 1985\n\nWestern Australia\n\nCredit (Administration) Regulations 1985\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Prescribed fees for an application for a licence (s. 9) 1\n\n5. Duplicate licence (s. 16(2)) 3\n\n6. Inspection fees (s. 19) 3\n\n7. Licence fee (s. 21(1)) 4\n\n7A. Late fee under s. 21(5) 5\n\n8A. Refund of fees after referral day 5\n\n8B. Reimbursement of application fee after referral day 6\n\n8. Prescribed officer (s. 49(1)(b)) 7\n\n9. Infringement notices 7\n\n10. Forms 7\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 12\n\nDefined terms\n\n  \n\nCredit (Administration) Act 1984\n\nCredit (Administration) Regulations 1985\n\n##### 1. Citation\n\nThese regulations may be cited as the *Credit (Administration) Regulations 1985*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 1 March 1985.\n\n##### 3. Interpretation\n\nIn these regulations unless the context otherwise requires —\n\n  the Act means the *Credit (Administration) Act 1984*;\n\n  the Credit Act means the *Credit Act 1984*.\n\n##### 4. Prescribed fees for an application for a licence (s. 9)\n\n(1) Subject to this regulation, the prescribed fee payable under section 9(2) in respect of an application for a licence shall be —\n\n(a) where the applicant was the holder of a credit providers licence under the *Hire‑Purchase Act 1959* an amount calculated as follows —\n\n\t\t![]()\n\nwhere\n\nF means the fee payable; and\n\nA means the relevant amount provided by the applicant under the previous licence as determined by the commissioner,\n\nreduced proportionately for each month of the unexpired period of the previous licence that remains after 30 April 1985;\n\n(b) where the applicant was not the holder of a licence under the *Hire‑Purchase Act 1959* an amount calculated as follows —\n\n\t\t![]()\n\nwhere\n\nF means the fee payable; and\n\nA means the actual amount of relevant credit provided in Western Australia by the licensee in the previous 12 months,\n\nbut, in any event the amount payable shall be not less than $620 and shall not exceed $23 000.\n\n(1a) Where an applicant for a licence carries on or proposes to carry on business as a credit provider —\n\n(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;\n\n(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).\n\n(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.\n\n(2) In subregulation (1) —\n\n  previous licence means the licence issued to the applicant under the *Hire‑Purchase Act 1959* and in force immediately prior to 30 April 1985;\n\n  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.\n\n[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.]\n\n##### 5. Duplicate licence (s. 16(2))\n\nThe prescribed fee for the issue of a duplicate licence under section 16(2) of the Act is $30.\n\n[Regulation 5 amended: Gazette 4 Sep 1987 p. 3517; 29 Jul 1988 p. 2563; 30 Jun 1989 p. 1974; 30 Nov 1993 p. 6409; 27 Jun 2006 p. 2253.]\n\n##### 6. Inspection fees (s. 19)\n\n(1) The fee for an inspection of the Register of Licensed Credit Providers is $10.\n\n(2) The fee for a copy (certified or uncertified) or an extract of an individual registration in the Register of Licensed Credit Providers is $10 for the first page and $2 for each subsequent page.\n\n(3) The fee for a copy (certified or uncertified) or an extract of all registrations in the Register of Licensed Credit Providers is $122.\n\n[Regulation 6 inserted: Gazette 1 Aug 1990 p. 3651; amended: Gazette 13 Dec 1991 p. 6158; 14 Aug 1992 p. 4023; 30 Nov 1993 p. 6409.]\n\n##### 7. Licence fee (s. 21(1))\n\n(1) Subject to this regulation, the prescribed fee payable for a licence under section 21(1) of the Act is an amount calculated as follows —\n\n\t\t![]()\n\nwhere\n\nF means the fee payable; and\n\nA means the average amount of credit as determined by the Commissioner provided by the credit provider under transactions to which the Credit Act or the Code applied or applies in each of the 12 months of the period ending on the anniversary of the grant of the licence to the licensee,\n\nbut in any event the amount payable shall be not less than $440 and shall not exceed $23 000.\n\n(2) Where a licensee carries on business —\n\n(a) as a partner — the fee payable under section 21(1) of the Act 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 that the fee is payable and, where the licensee is a partner in more than one partnership, the sum of those amounts;\n\n(b) on his own account and as a partner — the fee payable under section 21(1) of the Act shall be the sum of the amounts payable under subregulation (1) and paragraph (a).\n\n(3) Where a licensee is one of the trustees of a trust the provisions of subregulation (2) apply as though the licensee were a partner and the other trustees were partners.\n\n[Regulation 7 amended: Gazette 21 Jun 1985 p. 2261; 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. 4023; 28 Jun 2005 p. 2902; 13 Jun 2006 p. 2056; 27 Jun 2006 p. 2253; 15 Jun 2007 p. 2771; 17 Jun 2008 p. 2548.]\n\n##### 7A. Late fee under s. 21(5)\n\nThe late fee payable under section 21(5) of the Act shall be calculated as 10% of the licence fee with a minimum of $50.\n\n[Regulation 7A inserted: Gazette 29 Jul 1988 p. 2563.]\n\n##### 8A. Refund of fees after referral day\n\n(1) In this regulation —\n\nlast licence fee means —\n\n(a) in the case of a superseded licence which was granted not more than the twelve months immediately before the referral day, the amount of the fee paid under section 9(2) of the Act on application for the grant of the licence; and\n\n(b) in the case of any other superseded licence, the amount of the annual fee paid under section 21(1) of the Act in respect of the year commencing on the anniversary of the date of grant which falls not more than twelve months before the referral day;\n\nrefund period, in respect of a superseded licence, means the period beginning on the referral day and ending on the day before the anniversary of the grant of the licence which falls next after the referral day;\n\nsuperseded licence means a licence which is in force on the referral day.\n\n(2) Within 3 months after the referral day, the holder of a superseded licence may apply in writing in a form acceptable to the Commissioner for a proportionate refund of the last licence fee.\n\n(3) As soon as is reasonably practicable after receiving an application under subregulation (2), the Commissioner is to pay to the applicant an amount by way of proportionate refund of the last licence fee calculated in accordance with the following formula —\n\n$R = $F x (D/365)\n\nwhere —\n\n$R = the amount to be paid by way of proportionate refund;\n\n$F = the amount of the last licence fee;\n\nD = the number of days in the refund period.\n\n[Regulation 8A inserted: Gazette 30 Jun 2010 p. 3178-9.]\n\n##### 8B. Reimbursement of application fee after referral day\n\nWhere —\n\n(a) a person applies for a licence and pays the fee required under section 9(2) of the Act; and\n\n(b) on the referral day, the Commissioner has neither granted a licence pursuant to the application nor rejected the application,\n\nas soon as is reasonably practicable after the referral day the Commissioner is to repay to the applicant the amount of the application fee.\n\n[Regulation 8A inserted: Gazette 30 Jun 2010 p. 3179.]\n\n##### 8. Prescribed officer (s. 49(1)(b))\n\nFor the purposes of section 49(1)(b) of the Act —\n\n(a) the Commissioner for Consumer Affairs of the Public Service of the State; and\n\n(b) the Commissioner of Police,\n\nare prescribed officers.\n\n[Regulation 8 inserted: Gazette 10 Oct 1986 p. 3875.]\n\n##### 9. Infringement notices\n\n(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under Part 2 of the *Criminal Procedure Act 2004*.\n\n(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 5(3) of the *Criminal Procedure Act 2004*.\n\n(3) 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*.\n\n(4) 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.\n\n[Regulation 9 inserted: Gazette 22 Sep 2006 p. 4095.]\n\n##### 10. Forms\n\nThe forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 10 inserted: Gazette 22 Sep 2006 p. 4095.]\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 9]\n\n[Heading inserted: Gazette 22 Sep 2006 p. 4095.]\n\n| **Offences under *Credit (Administration) Act 1984*** | | **Modified penalty** |\n| --- | --- | --- |\n| s. 6(1) | Unlicensed person carrying on business of providing credit ....................................................... | $2 000 |\n| s. 6(2) | Unlicensed person holding out as carrying on business of providing credit .................................. | $1 000 |\n| s. 14(2) | Carrying on, or holding out as carrying on, business of providing credit under unauthorised name .................................................. | $1 000 |\n| s. 15 | Carrying on business of providing credit in partnership with unlicensed person ......................... | $1 000 |\n| s. 17(1) | Failing to notify change of address ......................... | $200 |\n| s. 17(2) | Failing to notify cessation of business at specified address ..................................................... | $200 |\n| s. 26 | Failing to produce licence for endorsement ............ | $200 |\n\n\n[Schedule 1 inserted: Gazette 22 Sep 2006 p. 4095‑6.]\n\nSchedule 2 — Forms\n\n[r. 10]\n\n[Heading inserted: Gazette 22 Sep 2006 p. 4096.]\n\n**Form 1 — Infringement notice**\n\n- *Credit (Administration) Act 1984***Infringement notice** Infringement\nnotice no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ____________________________________ ACN\n- Address ________________________________________________ Postcode\n- **Alleged offence** Description of offence _____________________________________\n- *Credit (Administration) Act 1984* s.\n- Date / /20 Time a.m./p.m.\n- Modified penalty $\n- **Officer issuing notice** Name\n- Signature\n- Office\n- **Date** Date of notice / /20\n- **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 — *Credit (Administration) Act 1984*’) to: Approved Officer — *Credit (Administration) Act 1984*Department of Consumer and Employment Protection Locked Bag 14 Cloisters SquarePerth WA 6850**In person:** Pay the cashier at: Department of Consumer and Employment Protection219 St George’s Terrace, Perth WA\n- **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 ______________________________________\nand post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.\n\n\n[Form 1 inserted: Gazette 22 Sep 2006 p. 4096; amended: Gazette 20 Aug 2013 p. 3827; SL 2020/163 r. 18.]\n\n**Form 2 — Withdrawal of infringement notice**\n\n- *Credit (Administration) Act 1984***Withdrawal of infringement notice** Withdrawal no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ___________________________________ ACN\n- Address _______________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence __________________________________\n- *Credit (Administration) Act 1984* s.\n- Date / /20 Time a.m./p.m.\n- **Officer withdrawing notice** Name\n- Signature\n- Office\n- **Date** Date of withdrawal / /20\n- **Withdrawal of infringement notice***[*delete\nwhichever\nis not applicable]* 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 — *Credit (Administration) Act 1984*Department of Consumer and Employment Protection Locked Bag 14 Cloisters SquarePerth WA 6850Signature / /20\n\n\n[Form 2 inserted: Gazette 22 Sep 2006 p. 4097.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Credit (Administration) Regulations 1985* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Credit (Administration) Regulations 1985* | 22 Feb 1985 p. 699‑700 (erratum 3 May 1985 p. 1586) | 1 Mar 1985 (see r. 2) |\n| *Credit (Administration) Amendment Regulations 1985* | 31 May 1985 p. 1903 | 31 May 1985 |\n| *Credit (Administration) Amendment Regulations (No. 2) 1985* | 21 Jun 1985 p. 2260 | 21 Jun 1985 |\n| *Credit (Administration) Amendment Regulations 1986* | 13 Jun 1986 p. 1996 | 1 Jul 1986 (see r. 2) |\n| *Credit (Administration) Amendment Regulations (No. 2) 1986* | 10 Oct 1986 p. 3875 | 10 Oct 1986 |\n| *Credit (Administration) Amendment Regulations 1987* | 4 Sep 1987 p. 3517 | 4 Sep 1987 |\n| *Credit (Administration) Amendment Regulations 1988* | 29 Jul 1988 p. 2563 | 29 Jul 1988 |\n| *Credit (Administration) Amendment Regulations 1989* | 30 Jun 1989 p. 1974 | 1 Jul 1989 (see r. 2) |\n| *Credit (Administration) Amendment Regulations 1990* | 1 Aug 1990 p. 3651 | 1 Aug 1990 |\n| *Credit (Administration) Amendment Regulations 1991* | 13 Dec 1991 p. 6158 | 13 Dec 1991 |\n| *Credit (Administration) Amendment Regulations 1992* | 14 Aug 1992 p. 4022‑3 | 14 Aug 1992 |\n| *Credit (Administration) Amendment Regulations 1993* | 30 Nov 1993 p. 6408‑9 | 30 Nov 1993 |\n| **Reprint of the *Credit (Administration) Regulations 1985* as at 16 Jul 1999**   (includes amendments listed above) | | |\n| *Credit (Administration) Amendment Regulations 2005* | 28 Jun 2005 p. 2902 | 1 Jul 2005 (see r. 2) |\n| *Credit (Administration) Amendment Regulations (No. 3) 2006* | 13 Jun 2006 p. 2056 | 13 Jun 2006 |\n| *Credit (Administration) Amendment Regulations (No. 2) 2006* | 27 Jun 2006 p. 2253 | 1 Jul 2006 (see r. 2) |\n| *Credit (Administration) Amendment Regulations 2006* | 22 Sep 2006 p. 4094‑7 | 22 Sep 2006 (see r. 2(a)) |\n| **Reprint 2: The *Credit (Administration) Regulations 1985* as at 10 Nov 2006**   (includes amendments listed above) | | |\n| *Credit (Administration) Amendment Regulations 2007* | 15 Jun 2007 p. 2770-1 | r. 1 and 2: 15 Jun 2007 (see r. 2(a));<br>Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) |\n| *Credit (Administration) Amendment Regulations 2008* | 17 Jun 2008 p. 2548 | r. 1 and 2: 17 Jun 2008 (see r. 2(a));<br>Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) |\n| *Credit (Administration) Amendment Regulations 2010* | 30 Jun 2010 p. 3177-9 | 1 Jul 2010 (see r. 2(a)(ii), (b)(ii) and *Gazette* 30 Jun 2010 p. 3187) |\n| *Credit (Administration) Amendment Regulations 2013* | 20 Aug 2013 p. 3827 | 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) |\n| *Commerce Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 9 | SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nlast licence fee 8A(1)\n\nprevious licence 4(2)\n\nrefund period 8A(1)\n\nrelevant amount 4(2)\n\nsuperseded licence 8A(1)\n\nthe Act 3\n\nthe Credit Act 3\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple fee-setting. Originally focused on prescribing licence fees (regulations 4-7), the instrument has expanded to include: an infringement notice system for minor offences (regulation 9 and Schedule 1, added 2006), prescribed forms for enforcement (Schedule 2, added 2006), refund mechanisms for system transitions (regulations 8A and 8B, added 2010), and late fee provisions (regulation 7A, added 1988). The scope now encompasses enforcement administration and transitional financial arrangements, not just fee collection."},"complexity_factors":["Mathematical fee calculation formulas with multiple variables (F, A) and conditional logic in regulations 4 and 7","Nested exceptions and special cases for partnerships and trusts (regulations 4(1a), 4(1b), 7(2), 7(3))","Extensive amendment history spanning 35+ years with 20+ amendment instruments, creating layering effects","Cross-references to three different Acts: Credit (Administration) Act 1984, Credit Act 1984, and Criminal Procedure Act 2004","Defined terms section with 7 specific definitions, some referring to complex temporal concepts ('referral day', 'previous licence')","Proportionate refund calculation formula with algebraic notation in regulation 8A(3)","Dual fee structures distinguishing between former Hire-Purchase Act 1959 licensees and new applicants"],"plain_english_summary":"These regulations set out the administrative nuts and bolts for running Western Australia's credit provider licensing system under the Credit (Administration) Act 1984. They specify how much money credit providers (businesses that lend money or provide credit) must pay to apply for and keep their licences, including complex formulas based on how much credit they provide. The regulations also cover fees for replacing lost licences, inspecting the public register of licensed credit providers, and penalties for operating without a licence or breaking licensing rules. Additionally, they establish an infringement notice system (on-the-spot fines) for minor offences and provide for refunds when the licensing system changes or applications are withdrawn."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain an administrative instrument primarily setting fees, forms, enforcement mechanics and transitional arrangements for the Credit (Administration) Act licensing regime. Later insertions (for example the infringement‑notice framework and the referral‑day refund rules) add enforcement detail and transitional mechanics, but they do not create new substantive regulatory obligations beyond administering licences, fee collection, refunds and specified administrative offences. In that sense the legislative scope has not grown significantly beyond the original administrative purpose of implementing the licensing regime; the changes are incremental additions to the instrument’s administrative and enforcement mechanics rather than an expansion of substantive regulatory reach."},"complexity_factors":["Multiple fee‑calculation formulas using defined variables (reg 4 and reg 7) with minimum and maximum caps","Provisions allocating fee liability across business forms (partners, trustees, sole traders) with summation rules (regs 4(1a), 4(1b), 7(2), 7(3))","Transitional provisions referencing an external timing concept (“referral day”) and resulting refund mechanics (regs 8A and 8B)","Presence of a formulaic refund calculation ($R = $F × (D/365)) and time limits for refund applications","Schedule of infringements with fixed modified penalties and cross‑reference to the Criminal Procedure Act 2004 (reg 9 and Schedule 1)","Cross‑references to multiple other Acts (the Credit Act, Hire‑Purchase Act 1959, Criminal Procedure Act 2004, Fines/Enforcement Act)","Several discrete administrative prescriptions (forms, prescribed officers, inspection fees) spread across schedules and inserted/amended at different times (multiple historical amendments)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They set the administrative rules and fees for operating as a licensed credit provider in Western Australia under the Credit (Administration) Act 1984. Key provisions are: regulation 4 (application fees), regulation 7 (annual licence fees), regulation 7A (late payment fee), regulation 5 (duplicate licence fee), regulation 6 (inspection and copy fees for the public register), regulation 8 (prescribed officers), regulations 8A–8B (transition/refund rules tied to a “referral day”), regulation 9 and Schedule 1 (which make certain offences eligible for infringement notices and specify the monetary penalties), and regulation 10 and Schedule 2 (prescribed forms such as the infringement notice and withdrawal form).\n\n- The Commissioner (the licensing authority) administers these rules: calculating fees, receiving applications and refund requests, appointing authorised officers to issue infringement notices, and paying refunds where the regulations require it (see regs 4, 7, 8A–8B, 9).\n\n**Who is affected**\n\n- People and businesses that apply for or hold licences to provide credit (credit providers) in Western Australia. That includes sole traders, partners, trustees and partnerships — the regulations set how fees are allocated in those cases (regs 4(1a), 4(1b), 7(2), 7(3)).\n\n- Persons who interact with the Register of Licensed Credit Providers (fees for inspection and copies are in reg 6).\n\n- Persons who commit specified administrative offences (e.g. carrying on business without a licence, failing to notify change of address, failing to produce a licence) — those offences appear in Schedule 1 and have fixed “modified penalties” (reg 9 and Schedule 1).\n\n**How the charges and penalties work (selected mechanics)**\n\n- Application fee (reg 4): two different calculation routes depending on whether the applicant held a licence under the old Hire‑Purchase Act 1959. Fees are based on the amount of credit provided (variables labelled A and F in the formulas) with a floor and ceiling for applicants (not less than $620 and not more than $23,000 as currently expressed in the regulation). The regulation also contains rules for splitting fees among partners and treating trustees like partners (reg 4(1a), 4(1b)).\n\n- Annual licence fee (reg 7): calculated from the average monthly amount of credit provided over the relevant 12‑month period (A in the formula), subject to a minimum of $440 and a maximum of $23,000. Partnership and trustee rules mirror the application fee treatment (reg 7(2)–(3)).\n\n- Late fee (reg 7A): 10% of the licence fee with a minimum of $50.\n\n- Duplicate licence fee (reg 5): $30.\n\n- Inspection/copy fees (reg 6): $10 to inspect the Register, $10 first page and $2 per subsequent page for an individual registration copy, or $122 for a copy of all registrations.\n\n- Transitional/refund mechanics (regs 8A–8B): where licences existing on a named “referral day” are superseded, holders may apply for proportionate refunds of licence fees (refund calculated by $R = $F × (D/365)); applicants whose pending applications had not been determined by the referral day are to have their application fees repaid (reg 8B).\n\n- Enforcement/infringement notices (reg 9 & Schedule 1): the Commissioner may authorise officers to issue infringement notices for specified offences. Schedule 1 lists offences and fixed modified penalties (for example: unlicensed providing credit s.6(1) $2,000; holding out as provider s.6(2) $1,000; failing to notify change of address s.17(1) $200; failing to produce licence s.26 $200). The regulation also requires issuing identification to authorised officers.\n\n- Forms (Schedule 2 / reg 10): the regulation prescribes the format of the infringement notice and withdrawal form and how they are to be used.\n\n**Why it matters (stated purpose and operational effects)**\n\n- The regulations implement the administrative and cost structure for licensing credit providers: they determine what applicants and licensees pay, how fees are computed and apportioned among partners/trustees, the consequences of late payment, and processes for refunds in a specified transition scenario. They also provide operational details for enforcement (who may issue infringement notices, the penalties for certain offences) and prescribe the forms used to administer infringements.\n\n**Who pays and who decides**\n\n- Who pays: applicants for licences, licensed credit providers (annual fees), and, where applicable, persons who commit the listed administrative offences (via modified penalties or court proceedings). Inspection and photocopy fees are paid by persons requesting access to the register (reg 6).\n\n- Who decides: the Commissioner calculates and collects fees, accepts or refunds application and licence fees under the transitional rules, and appoints authorised officers to issue infringement notices (regs 4, 7, 8A–8B, 9).\n\n**Incentives, costs and implementation notes**\n\n- Direct financial cost: fees are scaled to the amount of credit provided (so larger credit providers pay higher fees), but the presence of minimums (application and annual fee minima) creates fixed-cost burdens that are proportionally heavier on small providers (regs 4 and 7). Maximum caps limit exposure for very large providers.\n\n- Administrative/compliance burden: licensees must maintain accurate contact details and be able to produce licences on request (Schedule 1 fines for s.17 and s.26). The availability of infringement notices provides a streamlined enforcement route for administrative breaches but also creates fixed penalty exposure (reg 9; Schedule 1).\n\n- Transitional risk and implementation discretion: the refund and reimbursement rules tied to a “referral day” (regs 8A–8B) create administrative steps and time limits (e.g. three months to apply for a proportionate refund). Many calculations (fees, refunds) are performed “as determined by the Commissioner” which requires administrative systems and record-keeping; that creates implementation risk if the Commissioner’s procedures are unclear or resource‑constrained.\n\n- Effects on market choices: the fee structure links regulatory cost to business scale (amount of credit provided). That preserves a link between regulatory cost and market activity but also imposes fixed minimum costs that reduce the viability threshold for very small entrants. Enforcement by infringement notices tends to streamline resolution of administrative breaches rather than requiring court prosecutions (reg 9).\n\n**Key references in the instrument**\n\n- Fee and fee‑calculation rules: regs 4 and 7 (and 7A for late fees).\n- Duplicate, inspection and duplicate fees: regs 5 and 6.\n- Transitional refunds: regs 8A and 8B.\n- Prescribed officers and enforcement: regs 8 and 9; Schedule 1 (offences and modified penalties).\n- Prescribed forms: reg 10 and Schedule 2."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page referenced has been removed from the Western Australian legislation website, potentially because this instrument has been repealed, superseded by national credit legislation, or relocated."},"complexity_factors":["No legislative content was retrievable — the source page returned only a system error/redirect notice","Cannot assess complexity without access to the actual text of the regulations","The only content available is a website maintenance message and an Acknowledgement of Country"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided points to a Western Australian government page for the *Credit (Administration) Regulations 1985*, but that page is **no longer available** — the content has been removed or moved as part of a website upgrade.\n\n**What this means for you:** No analysis of this legislation can be provided based on the supplied text. To find the actual regulations, try:\n- Visiting the [WA Legislation website](https://www.legislation.wa.gov.au) and searching for \"Credit (Administration) Regulations 1985\"\n- Contacting the Parliamentary Counsel's Office Helpdesk directly\n- Checking if this legislation has been **repealed or superseded** — noting that national consumer credit laws (the *National Consumer Credit Protection Act 2009*) largely replaced state-based credit regulation across Australia from around 2010 onwards, which may explain why this page is no longer maintained."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/credit-administration-regulations-1985","history":"/api/acts/credit-administration-regulations-1985/history","analysis":"/api/acts/credit-administration-regulations-1985/analysis","conflicts":"/api/acts/credit-administration-regulations-1985/conflicts","importantCases":"/api/acts/credit-administration-regulations-1985/important-cases","documents":"/api/acts/credit-administration-regulations-1985/documents"}}