{"id":"fair-trading-infringement-notices-regulations-2012","name":"Fair Trading (Infringement Notices) Regulations 2012","slug":"fair-trading-infringement-notices-regulations-2012","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176634,"registerId":"wa-fair-trading-infringement-notices-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Infringement Notices) Regulations 2012","content":"![Crest]()Western Australia\n\nFair Trading Act 2010\n\nFair Trading (Infringement Notices) Regulations 2012\n\nWestern Australia\n\nFair Trading (Infringement Notices) Regulations 2012\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: Commissioner 1\n\n4. Prescribed offences under *Fair Trading Act 2010* and *Australian Consumer Law (WA)* and modified penalties 1\n\n5. Authorised officers and approved officers 2\n\n6. Forms 2\n\nSchedule 1 — Prescribed offences under *Fair Trading Act 2010* and modified penalties\n\nSchedule 2 — Prescribed offences under *Australian Consumer Law (WA)* and modified penalties\n\nSchedule 3 — Forms\n\nNotes\n\nCompilation table 17\n\nDefined terms\n\n  \n\nFair Trading Act 2010\n\nFair Trading (Infringement Notices) Regulations 2012\n\n##### 1. Citation\n\n\t\tThese regulations are the *Fair Trading (Infringement Notices) Regulations 2012*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Term used: Commissioner\n\nIn these regulations —\n\nCommissioner has the meaning given in the *Fair Trading Act 2010*.\n\n##### 4. Prescribed offences under *Fair Trading Act 2010* and *Australian Consumer Law (WA)* and modified penalties\n\n(1) The offences under the *Fair Trading Act 2010* that are specified in Schedule 1 are offences for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2.\n\n(2) The offences under the *Australian Consumer Law (WA)* that are specified in Schedule 2 are offences for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2.\n\n(3) The modified penalty specified opposite an offence in Schedule 1 or 2 is the modified penalty for that offence for the purposes of the *Criminal Procedure Act 2004* section 5(3).\n\n##### 5. Authorised officers and approved officers\n\n(1) The Commissioner 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.\n\n(2) The Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.\n\n##### 6. Forms\n\nFor the purposes of the *Criminal Procedure Act 2004* Part 2, the forms set out in Schedule 3 are prescribed in relation to the matters specified in those forms.\n\nSchedule 1 — Prescribed offences under *Fair Trading Act 2010* and modified penalties\n\n[r. 4(1) and (3)]\n\n- **Offences under *Fair Trading Act 2010*** **Modified penalty****$**\n- s. 62(2) Publishing advertisement that implies approval by consumer affairs authority 1 000\n- s. 88(1) Failure to cooperate with investigation 1 000\n- s. 89(1) Preventing or attempting to prevent authorised person from entering premises or motor vehicle 200\n- s. 89(2A) Preventing or attempting to prevent authorised person from entering business premises 200\n- s. 89(2) Obstructing or impeding authorised person in exercise of powers under section 69 or 88E 200\n- s. 89(3) Failure to comply with requirement to assist authorised person to execute warrant 200\n- s. 89(4) Failure to comply with requirement to furnish access to place or motor vehicle or give other reasonable assistance to authorised person 200\n- s. 89(5A) Failure to comply with requirement to furnish access to business premises or give other reasonable assistance to authorised person 200\n\n\nSchedule 2 — Prescribed offences under *Australian Consumer Law (WA)* and modified penalties\n\n[r. 4(2) and (3)]\n\n| **Offences under *Australian Consumer Law (WA)*** | | **Modified penalty**<br>**$** | |\n| --- | --- | --- | --- |\n|  | | **For body corporate** | **For person that is not body corporate** |\n| s. 164(1) | Participating in pyramid scheme | 6 600 | 1 320 |\n| s. 165(1) | Multiple pricing | 1 000 | 200 |\n| s. 166(1) | Failure to specify single price for goods or services | 6 600 | 1 320 |\n| s. 174(1) | Failure to give copy of unsolicited consumer agreement not negotiated by telephone | 6 600 | 1 320 |\n| s. 174(2) | Failure to give agreement document for unsolicited consumer agreement negotiated by telephone | 6 600 | 1 320 |\n| s. 175(1) | Failure to comply with requirements for all unsolicited consumer agreements | 6 600 | 1 320 |\n| s. 176(1) | Failure to comply with additional requirements for unsolicited consumer agreements not negotiated by telephone | 6 600 | 1 320 |\n| s. 177(1) | Failure to comply with requirements for amendments to unsolicited consumer agreements | 6 600 | 1 320 |\n| s. 182(1) | Supplier including void provision in unsolicited consumer agreement | 6 600 | 1 320 |\n| s. 188(1) | Failure to comply with requirements in relation to lay‑by agreements | 6 000 | 1 200 |\n| s. 189(1) | Supplier of consumer goods being party to lay‑by agreement requiring consumer to pay termination charge | 6 000 | 1 200 |\n| s. 192(1) | Failure to comply with prescribed requirements for warranties against defects | 6 600 | 1 320 |\n| s. 193(1) | Failure to give notice complying with prescribed requirements in connection with repair of goods | 6 600 | 1 320 |\n| s. 194(1) | Supplying consumer goods that do not comply with safety standards | 6 600 | 1 320 |\n| s. 194(2) | Offering for supply consumer goods that do not comply with safety standards | 6 600 | 1 320 |\n| s. 194(3) | Manufacturing, possessing or having control of consumer goods that do not comply with safety standards | 6 600 | 1 320 |\n| s. 194(5) | Exporting consumer goods that do not comply with safety standards | 6 600 | 1 320 |\n| s. 195(1) | Supplying product related services that do not comply with safety standards | 6 600 | 1 320 |\n| s. 197(1) | Supplying consumer goods covered by ban | 6 600 | 1 320 |\n| s. 197(2) | Offering for supply consumer goods covered by ban ............................................ | 6 600 | 1 320 |\n| s. 197(3) | Manufacturing, possessing or having control of consumer goods covered by ban | 6 600 | 1 320 |\n| s. 197(5) | Exporting consumer goods covered by ban | 6 600 | 1 320 |\n| s. 198(1) | Supplying product related services covered by ban | 6 600 | 1 320 |\n| s. 198(2) | Offering for supply product related services covered by ban | 6 600 | 1 320 |\n| s. 199(1) | Refusal or failure to comply with recall notice | 6 600 | 1 320 |\n| s. 199(2) | Supplying consumer goods in contravention of recall notice | 6 600 | 1 320 |\n| s. 203(1) | Supplying goods without complying with information standards | 6 600 | 1 320 |\n| s. 203(2) | Offering for supply goods without complying with information standards | 6 600 | 1 320 |\n| s. 203(3) | Manufacturing, possessing or having control of goods without complying with information standards | 6 600 | 1 320 |\n| s. 204(1) | Supplying services without complying with information standards | 6 600 | 1 320 |\n| s. 204(2) | Offering for supply services without complying with information standards | 6 600 | 1 320 |\n| s. 205(1) | Refusal or failure to comply with substantiation notice | 3 300 | 660 |\n\n\nSchedule 3 — Forms\n\n[r. 6]\n\n**Form 1 — Infringement notice relating to offence under *Fair Trading Act 2010***\n\n- *Fair Trading Act 2010***INFRINGEMENT NOTICE** Infringement\nnotice no.\n- **Alleged offender** Name\n- Address\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened Section of the *Fair Trading Act 2010*\n- Details of offence\n- **Date** Date of notice\n- **Issuing officer** Name\n- Office\n- Signature\n- **Modified penalty** $_____\n- **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.\n- Body corporate $_____\n- **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:\n\n__________________________________ / /20\nand 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.\n- **How to pay** By post Tick the relevant box below and post this notice to:Approved Officer — *Fair Trading Act 2010*Department of CommerceLocked Bag 14CLOISTERS 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**\n- In person Pay the cashier at:Department of Commerce219 St George’s Terrace, Perth, WA\n- **Method of service** **Date of service**\n\n\n[Form 1 amended: Gazette 20 Aug 2013 p. 3833; SL 2020/163 r. 30.]\n\n**Form 2 — Withdrawal of infringement notice relating to offence under *Fair Trading Act 2010***\n\n- *Fair Trading Act 2010***WITHDRAWAL OF INFRINGEMENT NOTICE** Withdrawal no.\n- **Alleged offender** Name\n- Address\n- **Details of infringement notice** Infringement notice no.\n- Date of issue\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened Section of the *Fair Trading Act 2010*\n- Details of offence\n- **Approved Officer withdrawing notice** Name\n- Office\n- Signature\n- **Date** Date of withdrawal\n- **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 CommerceLocked Bag 14CLOISTERS SQUARE WA 6850\n- **Your signature** **Date**\n\n\n**Form 3 — Infringement notice relating to offence under *Australian Consumer Law (WA)***\n\n- *Australian Consumer Law (WA)***INFRINGEMENT NOTICE** Infringement\nnotice no.\n- **Alleged offender** Name\n- Address\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened Section of the *Australian Consumer Law (WA)*\n- Details of offence\n- **Date** Date of notice\n- **Issuing officer** Name\n- Office\n- Signature\n- **Modified penalty** $_____\n- **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.\n- Person that is not body corporate $_____\n- **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:\n\n__________________________________ / /20\nand 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.\n- **How to pay** By post Tick the relevant box below and post this notice to:Approved Officer — *Fair Trading Act 2010*Department of CommerceLocked Bag 14CLOISTERS 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**\n- In person Pay the cashier at:Department of Commerce219 St George’s Terrace, Perth, WA\n- **Method of service** **Date of service**\n\n\n[Form 3 amended: Gazette 20 Aug 2013 p. 3833; SL 2020/163 r. 30.]\n\n**Form 4 — Withdrawal of infringement notice relating to offence under *Australian Consumer Law (WA)***\n\n- *Australian Consumer Law (WA)***WITHDRAWAL OF INFRINGEMENT NOTICE** Withdrawal no.\n- **Alleged offender** Name\n- Address\n- **Details of infringement notice** Infringement notice no.\n- Date of issue\n- **Details of alleged offence** Date or period\n- Place\n- Written law contravened Section of the *Australian Consumer Law (WA)*\n- Details of offence\n- **Approved Officer withdrawing notice** Name\n- Office\n- Signature\n- **Date** Date of withdrawal\n- **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 CommerceLocked Bag 14CLOISTERS SQUARE WA 6850\n- **Your signature** **Date**\n\n\n![]()\n\nNotes\n\nThis 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.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *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)) |\n| *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) |\n| *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)) |\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\nCommissioner 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The page returned was a system error notice rather than the legislation itself."},"complexity_factors":["No legislative content was provided — only a website error/redirect page","Unable to assess any substantive legal complexity","The title suggests the actual regulations would involve penalty/infringement notice frameworks, which can carry moderate complexity, but this cannot be confirmed from the available text"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe document provided does not contain any actual legislative text. Instead, it shows an error page from the Western Australian legislation website, indicating that the page for the *Fair Trading (Infringement Notices) Regulations 2012* (WA) is **no longer available** at its previous web address due to system upgrades.\n\n**What this means for you:** If you were trying to find out about this legislation — which would normally deal with on-the-spot fines (called 'infringement notices') issued for breaches of fair trading laws in Western Australia — you will need to:\n- Visit the Western Australian legislation website directly and search for the regulations using the menu\n- Contact the Parliamentary Counsel's Office Helpdesk for assistance\n- Try searching for the document by name on the WA legislation portal at legislation.wa.gov.au\n\nNo legal analysis of the actual regulations is possible from the content provided."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":4,"scope_assessment":{"changed":false,"description":"These regulations do not alter the substantive offences in the Fair Trading Act 2010 or the Australian Consumer Law (WA). Instead they designate which existing offences are eligible for infringement notices, specify the modified penalty amounts for those offences for the purposes of the Criminal Procedure Act 2004 Part 2, authorize the Commissioner to appoint officers to issue notices, and prescribe the required forms and payment/withdrawal procedures (see rr.4–6 and Schedules 1–3)."},"complexity_factors":["Cross-references to multiple Acts: Fair Trading Act 2010, Australian Consumer Law (WA), Criminal Procedure Act 2004 Part 2, and Fines, Penalties and Infringement Notices Enforcement Act 1994 (r.4; Forms).","Detailed schedules listing many prescribed offences with differing modified penalties (Schedule 1 and Schedule 2).","Different penalty scales for bodies corporate versus non‑corporate persons (Schedule 2 columns).","Delegated discretion for appointments: Commissioner may appoint classes or persons as authorised/approved officers and must issue identity (r.5).","Prescribed procedural forms and payment instructions that must be used (r.6; Schedule 3).","Interaction risk from amendments and compilation history (Compilation table) requiring attention to current versions."],"plain_english_summary":"These regulations specify which offences in the Fair Trading Act 2010 and the Australian Consumer Law (WA) can be handled by infringement notices, fix the monetary \"modified penalties\" for those offences, and set the standard forms and payment procedures. They apply to individuals and bodies corporate alleged to have contravened the listed provisions and give the Commissioner power to appoint authorised officers to issue and withdraw notices (rr.4–6; Schedules 1–3). Mechanically, they create an administrative penalty route and impose compliance and payment obligations on alleged offenders."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing an infringement notice scheme for consumer protection offences. The amendments shown in the compilation table (2013 and 2020) appear to be minor updates to forms and procedures rather than expansion of scope."},"complexity_factors":["Only 1 defined term ('Commissioner') in the interpretation section","Straightforward structure: 6 short regulations plus 3 schedules","No nested conditional logic or exceptions to exceptions","Schedules consist mainly of tables listing offences and penalties with minimal cross-referencing","Forms are lengthy but boilerplate (standard template language)","Minimal interaction with other statutes—primarily references to the Criminal Procedure Act 2004 for procedural framework","No complex temporal provisions or sunset clauses"],"plain_english_summary":"This Western Australian law sets up a system where consumer protection officers can issue on-the-spot fines (called 'infringement notices') for certain breaches of consumer law, instead of taking people straight to court.\n\n**What it does:**\n- **Lists specific offences** that can be dealt with by infringement notice rather than full court prosecution. These include things like running pyramid schemes, failing to display single prices, selling unsafe goods, or obstructing consumer affairs inspectors.\n- **Sets penalty amounts** for each offence. For example, obstructing an inspector costs $200, while pyramid scheme participation costs up to $6,600 for companies.\n- **Creates two-tier penalties**: Companies (body corporates) pay more than individuals. For instance, a safety standards breach costs a company $6,600 but an individual only $1,320.\n- **Appoints officers**: The Commissioner for Consumer Protection can appoint 'authorised officers' (who issue fines) and 'approved officers' (who handle payments and withdrawals).\n- **Provides standard forms**: Four official forms for issuing and withdrawing infringement notices under both the Fair Trading Act and the Australian Consumer Law.\n\n**Who it affects:**\n- **Businesses and traders** in WA who breach consumer protection laws\n- **Consumer Protection staff** who enforce these laws\n- **Consumers** indirectly, as it provides a faster way to penalise dodgy business practices\n\n**Why it matters:**\nThis gives Consumer Protection a 'middle ground' enforcement tool. Instead of the heavy-handed option of dragging someone to court for minor breaches, they can issue a fine that the person can pay to make the matter go away. If paid, there's no criminal conviction. If unpaid or contested, it can still go to court. It's designed to encourage quick compliance while keeping minor cases out of the court system."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-infringement-notices-regulations-2012","history":"/api/acts/fair-trading-infringement-notices-regulations-2012/history","analysis":"/api/acts/fair-trading-infringement-notices-regulations-2012/analysis","conflicts":"/api/acts/fair-trading-infringement-notices-regulations-2012/conflicts","importantCases":"/api/acts/fair-trading-infringement-notices-regulations-2012/important-cases","documents":"/api/acts/fair-trading-infringement-notices-regulations-2012/documents"}}