Credit (Administration) Regulations 1985

The Regulations revolve around a limited set of administrative concepts and terms that determine financial obligations and enforcement mechanics under the Credit (Administration) Act.

• Licence and application fee structure. The Regulations break fees into two principal categories: application fees payable under s 9 of the Act and annual licence fees payable under s 21(1) of the Act (reg 4, reg 7). Both fees are computed by reference to an amount A, described as either a “relevant amount” (for applicants with prior Hire‑Purchase licences) or “the average amount of credit as determined by the Commissioner” (for licence-holders renewing under reg 7(1)). The Regulations therefore rely on two measurement inputs: historical amounts of credit provided and the Commissioner’s determination of average monthly credit.

• Relevant amount and previous licence. For transitional applicants who held a licence under the Hire‑Purchase Act 1959 the Regulations use the term “previous licence” to denote the licence in force immediately prior to 30 April 1985 and “relevant amount” as the sum of the average monthly amounts of credit in the 12 months ending 30 April 1985 to which the Credit Act would have applied had it been in force (reg 4(2)). That approach embeds a specific historical reference date, 30 April 1985, into fee calculation for this class of applicants (reg 4(1)(a)).

• Partner and trustee apportionment. The Regulations require fee apportionment where a credit provider trades as a partner, and treat trustees as though they were partners (reg 4(1a), 4(1b), 7(2)-(3)). For partnerships the fee is calculated on the partnership’s credit provision then divided by the number of partners; where an individual is both a partner and operates on their own account the fees are additive (reg 4(1a)(a)-(b); reg 7(2)(a)-(b)).

• Minimum and maximum fee caps. Application fees and licence fees are subject to statutory floors and ceilings. Application fees for non-Hire‑Purchase applicants have a floor of $620 and a ceiling of $23 000 (reg 4(1)(b)). Licence fees have a floor of $440 and the same ceiling of $23 000 (reg 7(1)). The late fee is 10% of the licence fee with minimum $50 (reg 7A).

• Refund and reimbursement tied to “referral day”. The Regulations introduce a “referral day” concept governing refunds for “superseded licences” (reg 8A). “Superseded licence” is defined as a licence in force on the referral day; “last licence fee” depends on whether the superseded licence was a recently granted one or not (reg 8A(1)(a)-(b)). Applicants with pending applications on the referral day are entitled to reimbursement of the application fee (reg 8B). The refund is calculated pro rata using the daily fraction D/365 applied to the last fee F (reg 8A(3)). The Regulations do not define “referral day” within the text provided; that term is therefore likely defined in the Act or another instrument.

• Enforcement via infringement notices. The Regulations designate a set of offences under the Act for which infringement notices may be issued under Part 2 of the Criminal Procedure Act 2004 and fix the modified penalties in Schedule 1 (reg 9(1)-(2); Schedule 1). The prescribed offences are largely regulatory compliance failures: unlicensed conduct (s 6(1) and 6(2)), carrying on business under an unauthorised name (s 14(2)), partnership with an unlicensed person (s 15), failure to notify address or cessation of business (s 17(1)-(2)), and failure to produce a licence for endorsement (s 26) (Schedule 1).

• Role of the Commissioner. The Commissioner is given multiple administrative functions: to determine average amounts of credit for fee calculations (reg 7(1)); to accept and process refund and reimbursement applications (reg 8A(2), 8B); to appoint authorised officers for infringement notices and issue identity documentation to them (reg 9(3)-(4)); and to determine acceptable forms for refund applications (reg 8A(2)). The Commissioner’s computations and decisions therefore directly affect fee amounts and enforcement capacity.

• Interaction points with other instruments. The Regulations repeatedly reference other statutes: the Credit (Administration) Act 1984 (the Act) and the Credit Act 1984 (reg 3), the Hire‑Purchase Act 1959 for transitional measures (reg 4), Part 2 of the Criminal Procedure Act 2004 for infringement notices (reg 9(1)), and the Fines, Penalties and Infringement Notices Enforcement Act 1994 as an enforcement mechanism referenced on the prescribed form (Schedule 2, Form 1). The Regulations also reference “the Code” in the definition of what counts as credit for fee calculation under reg 7(1), which is not defined in the text of the Regulations.

These main concepts combine to create a fee-based licensing regime with discrete enforcement options through infringement notices and a small suite of administrative forms and processes. The Commissioner sits at the centre of that regime, holding the formal power to determine average amounts of credit and to appoint authorised officers.

The Regulations allocate costs, duties and procedural rights across several clearly identifiable groups.

• Applicants for licences and licence‑holders. The primary financial burden falls on persons who apply for licences under s 9 of the Act and on licensees who must pay annual licence fees under s 21(1) (reg 4, reg 7). The Regulations specify how to calculate those fees, set minimum and maximum amounts, determine apportionment for partners and trustees (reg 4(1a)-(1b), reg 7(2)-(3)), and impose a late-payment surcharge for renewal fees (reg 7A). Those who applied after being licensees under the Hire‑Purchase Act 1959 before 30 April 1985 are subject to special transitional fee rules (reg 4(1)(a), 4(2)).

• Partnerships and trustees. Partners share exposure because the partnership’s fee is divided by the number of partners when calculating the fee attributable to each partner; where a person is a partner in multiple partnerships the sum of the apportioned amounts is required (reg 4(1a)(a), reg 7(2)(a)). Trustees are treated as partners for fee apportionment (reg 4(1b), reg 7(3)). This creates joint operational compliance needs for record-keeping about the partnership’s credit volumes and partner counts.

• Unlicensed persons and entities that hold out as credit providers. Schedule 1 lists offences and modified penalties for unlicensed provision of credit (s 6(1) , $2 000) and for holding out (s 6(2) , $1 000) (Schedule 1). Persons who carry on business in contravention of licensing rules, who operate under unauthorised names (s 14(2) , $1 000), or who engage in partnerships with unlicensed persons (s 15 , $1 000) face specific penalties that can be issued as infringement notices under the Criminal Procedure Act framework (reg 9(1), Schedule 1).

• Commissioner and authorised/approved officers. The Commissioner is the central decision-maker and administrator under the Regulations. The Commissioner determines average amounts used in fee calculations (reg 7(1)), receives and processes refund and reimbursement applications (reg 8A(2), 8B), appoints authorised or approved officers to issue infringement notices and must provide identity documentation for those officers (reg 9(3)-(4)), and is a prescribed officer for the purposes of s 49(1)(b) of the Act alongside the Commissioner of Police (reg 8). Persons appointed as authorised officers exercise enforcement powers under the Criminal Procedure Act 2004 Part 2 for the specified offences.

• Consumers and third parties. Although the Regulations do not directly prescribe consumer-facing protections, consumers are indirectly affected because fees and administrative processes influence the cost of becoming or remaining a licensed credit provider and the practical enforcement of licensing rules against unlicensed providers. The formal availability of infringement notices for unlicensed conduct and other compliance failures (Schedule 1; reg 9) impacts how quickly non-compliance may be dealt with.

• Entities or individuals seeking register data. The Regulations set inspection and copying fees for entries on the Register of Licensed Credit Providers and thereby affect any person who needs to inspect or obtain copies of registrations; fees are $10 for inspection, $10 for the first page and $2 per subsequent page for individual registration extracts, and $122 for a copy of all registrations (reg 6(1)-(3)).

• Applicants and holders affected by the referral-day provisions. The transitional refund and reimbursement provisions in regs 8A and 8B target licence-holders whose licences were “superseded” on the referral day and applicants whose applications were pending on the referral day. Those persons are able to apply for proportionate refunds (within 3 months of referral day, reg 8A(2)) or receive repayment of application fees (reg 8B). The Regulations therefore affect these classes specifically and impose short application windows and defined calculation mechanics.

Who pays. The Regulations make licence applicants and licence-holders responsible for prescribed fees (reg 4, reg 7, reg 5, reg 6). Where offences are identified, the modified penalty set out in Schedule 1 is payable by the alleged offender as an alternative to prosecution under the Criminal Procedure Act 2004 (reg 9(1)-(2), Schedule 1).

Who decides. The Commissioner is the administrative decision-maker for fee determinatives and for appointing authorised officers (reg 7(1), reg 8A(2), reg 8B, reg 9(3)). The Commissioner also has discretion to accept forms and to compute averages used in fee calculations (reg 8A(2), reg 7(1)).

Practical behavioural effects. Those required to obtain licences will need to maintain records of credit volumes to support the Commissioner’s fee calculations. Partnerships and trustees must track partner counts and apportion fees accordingly. Potential providers who are not licensed are deterred by the availability of infringement notices and fixed modified penalties (Schedule 1). The refund and reimbursement rules tied to the referral day impose short administrative deadlines and calculation rules that affect the timing of financial recovery for affected licence-holders and applicants (reg 8A(2)-(3), reg 8B).

The Regulations allocate specific duties on licensees and applicants and confer procedural rights tied to refunds, reimbursements and infringement notice processes.

Duties

• Payment of prescribed fees: Applicants must pay the application fee under s 9 (as prescribed by reg 4) and licensees must pay annual licence fees under s 21(1) (as prescribed by reg 7). The fee amounts are determined by formulae that use the Commissioner’s measure of average credit provided (reg 7(1)). The Regulations also require payment of a late fee under s 21(5) where renewal payments are late; the late fee is 10% of the licence fee with a $50 minimum (reg 7A).

• Apportionment where in partnership or trustee arrangements: Partners and trustees must calculate and pay apportioned fees: the partnership’s calculated fee divided by the number of partners is attributable to each partner; a person who is both a partner and operating on their own account must pay both the individual and apportioned partnership amounts (reg 4(1a), reg 7(2)-(3)).

• Compliance with licensing conditions and administrative requirements: The Schedule 1 offences include failing to notify a change of address (s 17(1) , $200), failing to notify cessation of business at a specified address (s 17(2) , $200) and failing to produce a licence for endorsement (s 26 , $200). Liability for these offences can be enforced by infringement notice (Schedule 1; reg 9).

• Record-keeping and documenting credit volumes: While the Regulations do not contain a separate record-keeping provision, the fee formulas depend on data,either the applicant’s declared “relevant amount” (reg 4(1)(b)) or the Commissioner’s determination of the average amount of credit provided (reg 7(1)). Those calculating fees must therefore be in a position to substantiate amounts of credit provided.

Rights

• Right to a pro rata refund for superseded licences after the referral day: Holders of a “superseded licence” may apply in writing within 3 months after the referral day for a proportionate refund of the last licence fee; the regulation prescribes the formula $R = $F x (D/365) for calculation (reg 8A(2)-(3)). The right to apply is time-limited and requires the form to be acceptable to the Commissioner.

• Right to reimbursement of application fee where application remains undecided on referral day: If, on the referral day, the Commissioner has neither granted nor rejected an application for a licence, the Commissioner must repay the application fee as soon as is reasonably practicable (reg 8B).

• Access to the Register: Persons may inspect the Register of Licensed Credit Providers for a fee of $10 and obtain certified or uncertified copies or extracts at prescribed rates; access is therefore a procedural right subject to payment of the prescribed fees (reg 6(1)-(3)).

• Right to dispute infringement notices by opting for prosecution in court: Form 1 (Infringement Notice) informs an alleged offender that payment within 28 days avoids prosecution and gives them the alternative of electing prosecution in court by indicating that choice and posting the notice to the Approved Officer within 28 days (Schedule 2, Form 1). The form also sets out enforcement measures under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if the modified penalty is not paid.

• Right to withdrawal and refund if an infringement notice is withdrawn: Form 2 (Withdrawal of Infringement Notice) prescribes the process by which an alleged offender receives a refund if the Commissioner withdraws the notice after payment (Schedule 2, Form 2).

Administrative powers and duties of the Commissioner

• Determination of average amounts of credit and acceptance of forms: The Commissioner is responsible for calculating the averages used in fee assessments (reg 7(1)) and determining acceptable forms for refund applications (reg 8A(2)). The Commissioner is also required to appoint authorised officers and to issue identity documentation to them (reg 9(3)-(4)).

• Obligation to repay fees when statutory conditions are met: The Commissioner is bound to repay application fees where the application remained undecided on the referral day (reg 8B), and to act “as soon as is reasonably practicable” to pay proportionate refunds under reg 8A(3). These are mandatory administrative duties.

Procedural rights and compliance options

• Operators have the right to inspect and copy register entries and to obtain certified documents for evidentiary purposes by paying the specified fees (reg 6(2)-(3)).

• Persons served with an infringement notice have an explicit option either to pay the modified penalty within 28 days or to elect prosecution. If payment is made and the notice is later withdrawn, the person has a right to a refund under the Withdrawal of Infringement Notice form (Schedule 2, Form 2).

The Regulations therefore balance duties to pay and to maintain accurate administrative details against rights to procedural fairness in enforcement and to financial restitution in the circumstances governed by the refund and reimbursement provisions.

The Regulations provide a defined infringement-notice enforcement pathway for specified offences under the Credit (Administration) Act and fix modified penalties in Schedule 1, while also prescribing administrative enforcement capacities.

Infringement notice regime

• Statutory basis. Regulation 9(1) designates the offences set out in Schedule 1 as offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. Regulation 9(2) states that the modified penalty in Schedule 1 is the “modified penalty” for the purposes of s 5(3) of the Criminal Procedure Act 2004. The Criminal Procedure Act therefore provides the procedural mechanism for issuing and processing infringement notices as an alternative to prosecuting the offence in court.

• Authorised officers. The Commissioner may appoint persons or classes of persons in writing to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004 (reg 9(3)). The Commissioner must issue each authorised officer with a certificate, badge or identity card identifying the officer as authorised to issue infringement notices (reg 9(4)). The Regulations thus centralise appointment power in the Commissioner and require identity documentation for authorised officers.

Fixed modified penalties in Schedule 1

• Schedule 1 lists specific offences under the Act and their corresponding modified penalties as follows:
  • s 6(1) Unlicensed person carrying on business of providing credit: $2 000.
  • s 6(2) Unlicensed person holding out as carrying on business of providing credit: $1 000.
  • s 14(2) Carrying on, or holding out as carrying on, business of providing credit under unauthorised name: $1 000.
  • s 15 Carrying on business of providing credit in partnership with unlicensed person: $1 000.
  • s 17(1) Failing to notify change of address: $200.
  • s 17(2) Failing to notify cessation of business at specified address: $200.
  • s 26 Failing to produce licence for endorsement: $200. (Schedule 1.)

Operational enforcement process and consequences

• Notice content and payment window. Schedule 2, Form 1 (the prescribed Infringement Notice) requires the alleged offender to pay the modified penalty within 28 days after the date of the notice to avoid prosecution. The form includes details of the officer issuing the notice, the alleged offence, the modified penalty amount and the time and date of the alleged offence (Schedule 2, Form 1).

• Consequences of non-payment. The Infringement Notice form expressly transcribes enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if the modified penalty is not paid within 28 days. These enforcement options include suspension or cancellation of a driver’s licence or vehicle licence, immobilisation or seizure of vehicles, publication of details, garnishee of earnings or bank accounts and seizure and sale of property (Schedule 2, Form 1). Those measures are available under the Fines Act regime and are not additional penalties under the Regulations.

• Withdrawal and refunds. Schedule 2, Form 2 prescribes the Withdrawal of Infringement Notice form and sets out the process for refund where the infringement notice is withdrawn and a modified penalty has already been paid (Schedule 2, Form 2).

Criminal prosecution alternative and discreting prosecution

• If an alleged offender elects to have the matter prosecuted in court instead of paying the modified penalty, the Infringement Notice requires them to sign and post the notice indicating that choice within 28 days (Schedule 2, Form 1). The Regulations therefore preserve the criminal prosecution pathway as an alternative disposition to payment of the modified penalty.

Administrative enforcement in practice

• The Commissioner’s appointment of authorised officers and issuance of identity documentation (reg 9(3)-(4)) operationalises enforcement at scale. The Regulations do not specify internal powers for authorised officers beyond their capacity to issue notices under the Criminal Procedure Act 2004. The enforcement reliance is therefore on the Criminal Procedure Act and the Fines Act for procedural mechanics and sanctions for non-payment.

Limits and scope of penalties

• The Regulations provide fixed modified penalties for specified offences, not a comprehensive penalty schedule for all Act offences. The maximum modified penalty listed is $2 000 for unlicensed provision under s 6(1) while lower amounts apply to lesser administrative infractions. Other offences under the Act, or different penalty levels, may remain subject to prosecution rather than infringement where not listed in Schedule 1.

Taken together, the Regulations create a streamlined administrative enforcement route for a targeted set of regulatory breaches, with the Commissioner responsible for appointing enforcement officers and the Fines Act providing collection and coercive enforcement tools if modified penalties are not timely paid.

The Regulations do not operate in isolation: they repeatedly cross-reference the Act and several other statutes that provide enforcement and substantive contexts. Key interactions and dependencies are as follows, grounded in the text of the Regulations.

• Credit (Administration) Act 1984 and the Credit Act 1984. The Regulations state that “the Act” means the Credit (Administration) Act 1984 and that “the Credit Act” means the Credit Act 1984 for the purposes of interpretation (reg 3). The licence and application fee provisions implement statutory powers conferred by ss 9 and 21 of the Act through the Regulations (reg 4, reg 7). The Regulations therefore operationalise fee-setting powers delegated by the Act.

• Hire‑Purchase Act 1959 for transitional measures. Regulation 4 implements transitional calculations by referencing the Hire‑Purchase Act 1959. For applicants who were holders of a credit providers licence under the Hire‑Purchase Act immediately before 30 April 1985 the application fee is calculated by reference to the previous licence’s “relevant amount” and reduced proportionately for any months unexpired after 30 April 1985 (reg 4(1)(a), reg 4(2)). The Regulations thus bridge the old hire‑purchase licensing regime and the new Credit regime using a specific historical anchor date.

• Criminal Procedure Act 2004, Part 2. Regulation 9(1) expressly makes the offences in Schedule 1 offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. Regulation 9(2) makes the Schedule 1 modified penalties applicable for the purposes of s 5(3) of the Criminal Procedure Act 2004. That Act therefore supplies the procedural rules for issuance, payment and election to proceed to prosecution and establishes the legal status of a modified penalty notice.

• Fines, Penalties and Infringement Notices Enforcement Act 1994. The text of the standard Infringement Notice form (Schedule 2, Form 1) draws the recipient’s attention to possible enforcement actions under the Fines Act if the modified penalty is not paid within 28 days. While the Regulations do not themselves implement those enforcement mechanisms, the Fines Act provides coercive recovery powers that attach to unpaid modified penalties.

• The Code. Regulation 7(1) frames the licence fee by reference to credit provided under transactions “to which the Credit Act or the Code applied or applies”, indicating that fee calculations take into account credit covered by the relevant Code. The Regulations do not define the Code; the Code may be a statutory or regulatory instrument that sets substantive credit contract rules. This cross-reference integrates the licensing fee basis with the substantive regulatory scope of the Credit Act and associated Code.

• Section 49(1)(b) of the Act and prescribed officers. Regulation 8 prescribes the Commissioner for Consumer Affairs and the Commissioner of Police for the purpose of s 49(1)(b) of the Act. This explicit prescription integrates specified public office-holders into the Act’s enforcement or investigatory structure, where s 49(1)(b) is engaged.

• Interaction with administrative law and discretion. The Regulations vest the Commissioner with tasks such as the determination of average amounts of credit used in fee calculations (reg 7(1)) and acceptance of forms for refunds (reg 8A(2)). Those decisions are administrative acts and therefore interact with principles of administrative law concerning reasonableness, procedural fairness and reviewability, although the Regulations themselves do not specify review or appeal processes.

Observations on scope and definitional dependencies

• The Regulations refer to “referral day” but do not define it; reference must therefore be made to the Act or another statutory instrument for a precise legal meaning of the term in regs 8A and 8B. Parties relying on the refund and reimbursement mechanics must consult the Act or the instrument that sets the referral day.

• The computation of fee amounts depends on variables (notably A) whose precise operational definition and methodology are given to the Commissioner (reg 7(1), reg 4(1)(b)). That places an interpretative and evidentiary burden on applicants and licensees to ensure the Commissioner’s determinations align with their records.

• The enforcement process is a hybrid administrative-criminal pathway. The Regulations convert selected statutory offences into infringement-notice offences under the Criminal Procedure Act and link non-payment to coercive civil enforcement measures under the Fines Act via the content of Form 1. Legal strategies that interact with this framework must therefore take account of procedures in at least three separate Acts.

In short, the Regulations implement a fee, refund and enforcement architecture that is tightly bound to the Credit (Administration) Act and to other statutes supplying enforcement mechanisms, while leaving several definitional and procedural matters to be resolved by the Act itself or by administrative determination.

The Regulations were made in 1985 and have been amended repeatedly to add procedural detail, modernise enforcement pathways and adjust fees and forms. The Compilation table at the end of the Regulations records the legislative history and reprints. Key amendment milestones in the document are as follows.

• Initial registration and commencement. The Credit (Administration) Regulations 1985 were published on 22 February 1985 and commenced on 1 March 1985 (reg 1-2; Compilation table).

• Early 1985 amendments. The Regulations were amended in 1985 by the Credit (Administration) Amendment Regulations 1985 (Gazette 31 May 1985 and 21 Jun 1985) which appear in the Compilation table; these early amendments likely adjusted fee mechanics tied to transitional arrangements (Compilation table).

• 1986 prescription of officers. Regulation 8 (prescribing the Commissioner for Consumer Affairs and the Commissioner of Police as prescribed officers for s 49(1)(b)) was inserted by an amendment on 10 October 1986 (Gazette 10 Oct 1986 p. 3875), as recorded in the Regulations and Compilation table.

• 1990 insertion of inspection fees. Regulation 6, prescribing inspection and copy fees for the Register of Licensed Credit Providers, was inserted on 1 August 1990 (Gazette 1 Aug 1990 p. 3651) and amended in 1991-1993 (reg 6; Compilation table).

• 1988 late fee insertion. Regulation 7A, which sets the late fee at 10% of the licence fee with a minimum of $50, was inserted by Gazette 29 Jul 1988 p. 2563 (Reg 7A inserted).

• 2005-2008 amendments. The Regulations were amended in 2005, 2006, 2007 and 2008 to refine fee scales and administrative provisions. Notably, amendments in 2006 (Credit (Administration) Amendment Regulations (No. 2) 2006, Gazette 27 Jun 2006 p. 2253) and the September 2006 package (Gazette 22 Sep 2006 p. 4094-4097) introduced new regulatory mechanics, including the insertion of regs 9 and 10 and Schedule 2 with Forms (reg 9 and reg 10 inserted: Gazette 22 Sep 2006 p. 4095). The Compilation table records these 2006 amendments and a reprint dated 10 Nov 2006.

• 2010 referral-day provisions. Regulations 8A (Refund of fees after referral day) and 8B (Reimbursement of application fee after referral day) were inserted by the Credit (Administration) Amendment Regulations 2010 (Gazette 30 Jun 2010 p. 3178-3179), commencing 1 July 2010 (Compilation table; regs 8A, 8B inserted).

• 2013 and 2020 form amendments. Schedule 2, Form 1 was amended 20 August 2013 (Gazette 20 Aug 2013 p. 3827) and by SL 2020/163 r. 18, with those amendments recorded in the Compilation table and the Schedule itself (Schedule 2, Form 1).

• Reprints. The Regulations were reprinted as at 16 July 1999 and again as at 10 November 2006, incorporating amendments to those dates (Compilation table).

The amendment history shows an initial focus on transitional calculations (linking to the Hire‑Purchase Act 1959) and subsequent incremental additions to enforcement and administrative detail, especially the 2006 introduction of infringement‑notice mechanics and forms, and the 2010 introduction of referral-day refund/reimbursement rules. The Compilation table at the end of the text supplies precise Gazette references and commencement dates for each amendment listed.

The Regulations themselves do not record judicial decisions or litigation. The text of the Regulations, including Schedule 1 and Schedule 2 forms, does not cite any cases and the Compilation table records only statutory amendment history. Therefore there is no litigation history contained within the Regulations to summarise.

Nevertheless, the Regulations create several discrete points where litigation or judicial review could realistically arise, and the text identifies the statutory provisions that would typically be the focus of such disputes. Each potential dispute area is grounded in the Regulations’ content.

• Disputes about fee calculation and the Commissioner’s determinations. Regulation 7(1) places the Commissioner at the centre of the licence fee calculation by reference to “the average amount of credit as determined by the Commissioner”. A licensee or applicant disputing the Commissioner’s calculation, or the evidentiary basis for the Commissioner’s determination of A, would likely raise questions of administrative law and statutory interpretation based on reg 7(1) and reg 4(1)(b) (for application fees). The Regulations give the Commissioner decision-making power but do not specify internal review mechanisms in the Regulations themselves.

• Challenges concerning referral day refunds and reimbursement. Regulations 8A and 8B set out the refund and reimbursement mechanics tied to a referral day. Disputes could arise over whether a licence qualifies as a “superseded licence” (reg 8A(1)), the correct computation of the refund period D for the formula $R = $F x (D/365) (reg 8A(3)), or whether the Commissioner has acted “as soon as is reasonably practicable” in repaying fees (reg 8A(3), reg 8B). The Regulations’ text fixes the formula but leaves interpretive issues open where facts may be contested.

• Enforcement and infringement notice validity. Regulation 9 converts specific offences into ones amenable to infringement notices under the Criminal Procedure Act 2004. Challenges could concern whether an offence was correctly characterised under the Act, procedural fairness in issuance by an authorised officer appointed pursuant to reg 9(3), or compliance with procedural requirements under the Criminal Procedure Act in issuing a notice. The Regulations require the Commissioner to appoint authorised officers and provide identity documentation (reg 9(3)-(4)), and disputes may therefore turn on whether the issuer was properly authorised or whether the content of the notice conformed to the statutory form prescribed in Schedule 2, Form 1.

• Rights to choose prosecution rather than pay a modified penalty. Schedule 2, Form 1 preserves the option for an alleged offender to request prosecution instead of paying the modified penalty. Litigation could arise where the exercise of that election is contested or where a person claims to have elected prosecution but the enforcement agency treated the matter otherwise; the form prescribes the election mechanics and the 28-day time limit.

• Interaction with other statutes. The Regulations’ reliance on the Criminal Procedure Act 2004 and the Fines Act for enforcement mechanisms creates potential for disputes about procedural steps once the matter leaves the administrative infringement framework. For instance, enforcement measures described on Form 1 draw on the Fines Act; litigation could attend attachment of those coercive measures where statutory prerequisites are contested.

None of these points are reported as decided by courts within the Regulations document. Practitioners should therefore review case law under the Credit (Administration) Act, the Criminal Procedure Act 2004 and the Fines Act to identify precedents on these themes. Where administrative decisions of the Commissioner are challenged, matters would proceed by judicial review or through statutory appeal routes provided in the Act or other enabling legislation, not by anything specified in the Regulations themselves.

The Regulations contain several technical traps and sources of implementation risk that affect licence applicants, licensees, authorised officers and advisers. These are materially important because they create compliance costs and points of dispute.

• Historical anchor date in fee calculations (30 April 1985). Regulation 4(1)(a) and 4(2) use 30 April 1985 as the cut-off date for calculating the “relevant amount” for former Hire‑Purchase licence-holders and for proportionately reducing fees for unexpired licence periods. That specific historical anchor remains embedded in the Regulations and may produce awkward transitional calculations for entities relying on old Hire‑Purchase records. Practitioners should note the necessity of accurate historical records to support any fee calculation under reg 4(1)(a) and reg 4(2).

• Undefined terms in the Regulations. The Regulations reference terms that are not defined within their text, for example “referral day” used in regs 8A and 8B, and “the Code” referenced in reg 7(1). Absent definitions in the Regulations, practitioners must look to the Act or other instruments to understand timing and substantive scope. Reliance on the Regulations alone will not always supply a complete legal picture.

• Commissioner discretion over “average amount” used in fee calculations. Regulation 7(1) computes the licence fee by reference to “the average amount of credit as determined by the Commissioner” for the 12-month period ending on the licence anniversary. The allocation of that calculation to the Commissioner introduces a point of administrative discretion. Licensees and applicants must be prepared to supply documentary evidence and to challenge determinations if they disagree, noting that the Regulations do not set out an internal appeal mechanism.

• Apportionment complexity for partners and trustees. Regulations 4(1a), 4(1b) and 7(2)-(3) require license fees to be apportioned across partners and trustees. The fee calculation requires knowledge of the partnership’s total credit volume and the number of partners at the time the fee is payable. Where partners change during a year, or where trusteeship structures are complex, fee computations become operationally burdensome and can lead to disputes about who owes what share.

• Short statutory windows for refunds. Regulation 8A(2) requires the holder of a superseded licence to apply for a proportionate refund within 3 months after the referral day. That is a tight administrative window and failure to apply within that period will forfeit the statutory refund right. Similarly, reg 8B makes reimbursement of application fees contingent on the Commissioner’s action “as soon as is reasonably practicable” after the referral day, a timing standard that may be contested.

• Infringement notice procedural prerequisites. Regulation 9 requires the Commissioner to appoint authorised officers and issue identity documentation (reg 9(3)-(4)). Where an infringement notice is issued by an individual without proper authorisation or identification, its validity may be challenged. The forms in Schedule 2 contain specific assertions about payment timelines and enforcement consequences; procedural non-compliance in serving the form could create avenues for challenge.

• Fixed modified penalties and limited scope. Schedule 1 prescribes fixed modified penalties for a short list of offences. Offences not listed in Schedule 1 remain subject to full prosecution. Parties must therefore check whether a particular compliance breach is capturable by an infringement notice or requires prosecution. Misclassification by an enforcement officer could produce legal disputes.

• Fee floors and ceilings may create discontinuities. The presence of statutory minimums and maximums (for application fees, reg 4(1)(b) min $620; reg 7(1) min $440; max $23 000) can create discontinuities where the formula would otherwise produce amounts outside those limits. Applicants and licensees should be aware that the computed F may be overridden by these statutory bounds.

• Documentary burdens for register inspections. The inspection fee regime sets low per-page charges for extracts (reg 6(2)), but the $122 charge for a copy of all registrations (reg 6(3)) can create unexpected costs for those seeking comprehensive datasets. Entities that routinely require register extracts should budget accordingly.

• The Regulations do not set out appeal or review processes. While the Regulations allocate powers to the Commissioner, they do not specify statutory appeals from Commissioner determinations or specify time limits for administrative decisions outside the 3-month refund window. Administrative law principles will therefore apply but practitioners must locate specific appeal avenues, if any, in the Act or related statutes.

These “gotchas” identify the principal areas where compliance costs, timing risks and administrative discretion can produce disputes. Attention to record-keeping, early consultation on the Commissioner’s methodology, and prompt action on referral-day windows are practical measures suggested by the Regulations themselves.

Practical compliance under the Regulations is a combination of record-keeping, timely payments, formal notification duties, and procedural responsiveness. The following tasks, mapped to the relevant provisions, describe a compliance checklist.

1. Determine whether a licence is required and avoid unlicensed conduct.

   • Check whether providing credit falls within the statutory licensing requirements of the Act. The Regulations create modified penalties for unlicensed provision and holding out at s 6(1) and s 6(2) respectively, with modified penalties of $2 000 and $1 000 (Schedule 1). If licensing is required, do not commence business until a licence is granted.

2. Prepare accurate records of credit provided.

   • Maintain monthly records of amounts of credit provided in Western Australia and records of the parties involved (for partnerships and trusts). These records are the evidence base used under reg 4(1)(b) and reg 7(1) to compute fees. The Commissioner determines the average amount of credit used for licence fee calculations (reg 7(1)), so contemporaneous records of transactions and aggregated monthly totals reduce disputes.

3. Calculate application and licence fees in advance.

   • For an application, determine whether you are a former Hire‑Purchase licence-holder (reg 4(1)(a)-(b)); if so, the fee is calculated by reference to the previous licence’s “relevant amount” with proportional reduction for unexpired months after 30 April 1985 (reg 4(1)(a), 4(2)). If not, calculate A as the actual amount of credit provided in WA in the previous 12 months and confirm that the computed fee falls between the floor and ceiling ($620 min, $23 000 max for application fees , reg 4(1)(b)). For licence renewals calculate the fee by reference to the 12-month period ending on the licence anniversary and ensure the fee respects the $440 floor and $23 000 ceiling (reg 7(1)).

4. Account for partnerships and trustees.

   • Where business is carried on as a partnership, calculate the fee on the partnership’s credit volume and divide by the number of partners at the time the fee is payable (reg 4(1a)(a); reg 7(2)(a)). If an applicant or licensee is a partner in multiple partnerships, sum the apportioned amounts (reg 4(1a)(a); reg 7(2)). Treat trustees as partners for these purposes (reg 4(1b); reg 7(3)).

5. Pay late fees when applicable.

   • If renewal is late, pay the late fee under s 21(5) computed under reg 7A as 10% of the licence fee, with a minimum of $50, in addition to the licence fee.

6. Keep contact details current and be ready to produce licences for endorsement.

   • The Schedule 1 offences make failure to notify change of address (s 17(1)) and cessation of business at a specified address (s 17(2)) subject to $200 modified penalties, and failure to produce a licence for endorsement (s 26) carries a $200 modified penalty (Schedule 1). Ensure statutory notifications are promptly lodged and that licences are available for inspection or endorsement.

7. Use the Register and pay inspection/copy fees as needed.

   • If you need to inspect the Register of Licensed Credit Providers, pay $10 for an inspection (reg 6(1)), and if copies or extracts are required, pay $10 for the first page and $2 for each subsequent page for an individual registration (reg 6(2)) or $122 for all registrations (reg 6(3)). Retain receipts as proof of compliance.

8. Monitor referral-day mechanics and time-limited refund claims.

   • If you or your organisation held a licence that became a “superseded licence” on the referral day, you must apply in writing within 3 months after the referral day for the proportional refund (reg 8A(2)). Use the formula $R = $F x (D/365) to calculate the refund entitlement (reg 8A(3)). If you applied for a licence and the Commissioner had not decided the application on the referral day, expect reimbursement of the application fee as soon as is reasonably practicable after that day (reg 8B). Identify the referral day in the Act or relevant instrument.

9. Respond appropriately to infringement notices.

   • If an authorised officer issues an infringement notice under the Criminal Procedure Act 2004 Part 2 as described in reg 9, decide within 28 days whether to pay the modified penalty or elect prosecution by returning the notice in the prescribed manner (Schedule 2, Form 1). If you pay and the notice is subsequently withdrawn, use the Withdrawal of Infringement Notice form to claim a refund (Schedule 2, Form 2).

10. Ensure authorised officers and their identity documentation are valid.

    • If you are subject to or issuing enforcement action, confirm that any authorised officer is appointed in writing by the Commissioner and holds the certificate, badge or identity card required by reg 9(3)-(4).

11. Keep documentary evidence of any dealings with the Commissioner.

    • Because the Commissioner determines average amounts and accepts forms as “acceptable” for refund applications (reg 7(1), reg 8A(2)), maintain copies of submissions, computations, correspondence and evidence provided to the Commissioner. This assists in any administrative review or dispute.

12. Budget for administrative costs.

    • The Regulations prescribe minimums and maximums for fees, and set per-page and register-copy fees. Build these predictable charges into budgeting for licensing, renewal, inspections and potential late fees. Note that the application fee minimum is $620 (reg 4(1)(b)) and the licence fee minimum is $440 (reg 7(1)), with an upper cap of $23 000 on both.

13. Seek clarification and legal advice where definitions are unclear.

    • Where the Regulations refer to terms not defined in the Regulations themselves (for example, “referral day” and “the Code”), consult the Act or related instruments for definitions, and obtain legal advice where the Commissioner’s determinations or the statutory framework are uncertain.

14. Prepare to challenge administrative determinations promptly.

    • If disputing the Commissioner’s calculation of the fee or a refusal to accept a refund application as “in a form acceptable to the Commissioner” (reg 8A(2)), pursue internal administrative review mechanisms provided in the Act, or consider judicial review where appropriate. Time limits for refund applications and the 28-day window to respond to infringement notices are short; act promptly.

This compliance checklist follows directly from the Regulations’ prescriptions of who must pay what, how to calculate payments, what documentation is necessary, and how enforcement operates. Practitioners should cross‑check the Act and any related Codes or instruments for definitions and procedural rules that are referenced but not defined in the Regulations.