Application by owner for consent to take possession (Form 1) 1
Application for relief on the grounds of sickness or unemployment (Form 2) 1
Explanation of hirer’s rights to statutory rebate 2
Infringement notices 4
Schedule 1 — Forms
Schedule 2 — Prescribed offences and modified penalties
Notes
Compilation table 15
Defined terms
Hire‑Purchase Act 1959
Hire‑Purchase (General) Regulations 1975
1. Citation
These regulations may be cited as the Hire‑Purchase (General) Regulations 1975.
2. Terms used
In these regulations —
Form means a form in Schedule 1;
section means a section of the Act.
[Regulation 2 inserted: Gazette 22 Sep 2006 p. 4116.]
3. Application by owner for consent to take possession (Form 1)
An application pursuant to section 12A by an owner for the consent of the Commissioner for the taking of possession of goods the subject of a hire‑purchase agreement shall be in the form of Form 1.
4. Application for relief on the grounds of sickness or unemployment (Form 2)
(1) An application pursuant to section 36A for relief by reason of sickness or unemployment of a hirer against the consequences of a breach of a hire‑purchase agreement shall be in the form of Form 2.
(2) In considering an application referred to in subregulation (1) the commissioner shall have regard to —
(a) the likely duration of the sickness of the hirer;
(b) the likely duration of the period of unemployment of the hirer;
(c) the financial circumstances of the hirer;
(d) the effect that a refusal of relief under section 36A would have on the financial circumstances of the hirer;
(e) where the goods the subject of the hire‑purchase agreement are necessary for the livelihood of the hirer, the effect a breach of the agreement would have on the financial circumstances of the hirer;
(f) the extent of the hirer’s equity in the goods the subject of the hire‑purchase agreement;
(g) the obligations of the hirer in the event of a breach of the hire‑purchase agreement; and
(h) the consequences of a breach of the hire‑purchase agreement for any guarantor of the hire‑purchase agreement.
(3) For the purpose of considering an application referred to in subregulation (1) the commissioner may require the hirer and any guarantor of the hire‑purchase agreement to produce such information as the Commissioner considers necessary.
5. Explanation of hirer’s rights to statutory rebate
The explanation of a hirer’s right to a rebate of terms charges pursuant to section 11 on payment of the net balance due to the owner to be given to the hirer pursuant to the provisions of the First Schedule of the Act and to be printed in type known as 10 Point Roman capitals as specified therein is as follows: —
UNDER SECTION 11 OF THE ACT, THE HIRER UNDER A HIRE-PURCHASE AGREEMENT IS ENTITLED TO COMPLETE THE PURCHASE OF THE GOODS BY PAYING OR TENDERING TO THE OWNER THE NET BALANCE DUE TO THE OWNER UNDER THE AGREEMENT. WHEN DOING SO THE HIRER WILL BE ENTITLED TO A “STATUTORY REBATE” OF THE TERMS CHARGES, CALCULATED IN ACCORDANCE WITH THE DEFINITION OF THAT TERM IN SECTION 2 OF THE ACT AS FOLLOWS.
THE AMOUNT OF STATUTORY REBATE SHALL BE CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA —
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WHERE (IN EACH CASE)
“C” = THE AMOUNT OF TERMS CHARGES
“N” = THE NUMBER OF COMPLETE MONTHS OF THE AGREEMENT STILL TO GO
“T” = THE TOTAL NUMBER OF MONTHS IN THE AGREEMENT
INSTALMENTS IN THE EARLY STAGES OF REPAYMENT CONTAIN A LARGER PROPORTION OF THE TERMS CHARGES THAN INSTALMENTS PAID LATER ON TOWARDS THE COMPLETION OF AN AGREEMENT. THIS IS BECAUSE THE GREATER PART OF THE PRINCIPAL AMOUNT IS OWING IN THE EARLY STAGES OF AN AGREEMENT. THIS IS DEMONSTRATED IN THE FOLLOWING EXAMPLES WHERE, FOR EXAMPLE, $260 TERMS CHARGES ARE INCLUDED IN AN AGREEMENT TO BE PAID IN 12 MONTHS BUT THE AGREEMENT IS COMPLETELY PAID OFF WITH
(A) 9 MONTHS STILL TO GO — 260 x 9 x 10 = $150 REBATE 12 x 13 (PAY $110
TERMS
CHARGES)
(B) 6 MONTHS STILL TO GO — 260 x 6 x 7 = $70 REBATE
12 x 13 (PAY $190
TERMS
CHARGES)
(C) 3 MONTHS STILL TO GO — 260 x 3 x 4 = $20 REBATE
12 x 13 (PAY $240
TERMS
CHARGES)
6. Infringement notices
(1) The offences specified in Schedule 2 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2) The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(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.
(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.
(5) For the purposes of the Criminal Procedure Act 2004 —
(a) an infringement notice is to be in the form of Form 3; and
(b) a withdrawal of infringement notice is to be in the form of Form 4.
[Regulation 6 inserted: Gazette 22 Sep 2006 p. 4116.]
Schedule 1 — Forms
[r. 3, 4, 6]
[Heading inserted: Gazette 22 Sep 2006 p. 4116.]
Form 1
HIRE‑PURCHASE ACT 1959
(Section 12A)
APPLICATION BY OWNER FOR CONSENT OF COMMISSIONER TO TAKE POSSESSION OF GOODS UNDER A HIRE‑PURCHASE AGREEMENT WHEN 75% OF TOTAL AMOUNT PAYABLE HAS BEEN PAID
Total Amount payable under agreement $................................................. Amount so far paid $.................................................
NOTE: An owner aggrieved by a decision of the Commissioner not to give consent may apply to the State Administrative Tribunal for a review of the decision.
[Form 1 amended: Gazette 30 Dec 2004 p. 6922.]
Form 2
HIRE‑PURCHASE ACT 1959
(Section 36A)
APPLICATION FOR RELIEF AGAINST THE CONSEQUENCES OF BREACH OF A HIRE‑PURCHASE AGREEMENT BY REASON OF SICKNESS OR UNEMPLOYMENT
Last payment made on the .................................. day of ....................................... 20............. Amount $ .............................
Next payment due on the .................................... day of ....................................... 20............. Amount $ .............................
Remaining payments to be made —
Number
Amounts
Frequency
Name and address of guarantor (if applicable) ...................................................... ................................................................................................................................
State what relief is sought
SICKNESS
(i) I ceased work on the ................... day of .................................... 20............
(ii) Give details of sickness and likely duration ................................................ ...................................................................................................................... ......................................................................................................................
(iii) My employer is ............................................................................................ ......................................................................................................................
(full name and address)
(iv) I registered for sickness benefit with the Department of Social Security at ................................. on the ....................... day of .................... 20.............
(v) Give details of any other application for sickness benefits ......................... ...................................................................................................................... ......................................................................................................................
(vi) Give details of any benefits being received ................................................. ...................................................................................................................... ......................................................................................................................
UNEMPLOYMENT
(i) I am unemployed and have been from the ................................... day of ................................... 20.........
(ii) My employer was ........................................................................................ ......................................................................................................................
(full name and address)
(iii) I registered for unemployment benefits with the Commonwealth Employment Service at ....................... on the ................................. day of ..................................... 20...........
(iv) The details of unemployment benefits being received by me are as follows ......................................................................................................... ...................................................................................................................... ......................................................................................................................
(* Complete whichever is applicable.)
Financial position and income of applicant ........................................................... ................................................................................................................................ ................................................................................................................................ ................................................................................................................................
Financial commitments of applicant ...................................................................... ................................................................................................................................ ................................................................................................................................ ................................................................................................................................
If the default is due to sickness what is the likely duration of the sickness? ...............................................................................
If the default is due to unemployment what is the likely duration of the unemployment? .....................................................
What effect would a refusal of relief have on your financial circumstances? ...............................................................................
Are the goods the subject of the hire‑purchase agreement necessary for your livelihood? ...............................................................
If the goods the subject of the hire‑purchase agreement are necessary for your livelihood what effect would a breach of the agreement have on your financial circumstances?
What is the extent of your equity in the goods the subject of the hire‑purchase agreement? ...............................................................
What obligations would arise in the event of a breach of the hire‑purchase agreement? ...............................................................
What would be the consequences of a breach of the hire‑purchase agreement for any guarantor of the hire‑purchase agreement? ...................................................
A copy of this application must be served on the owner and every guarantor.
The decision of the Commissioner has effect according to its terms and where relief is granted the hire‑purchase agreement and any contract of guarantee relating to it are varied to the extent necessary.
A grant or refusal of relief by the Commissioner shall be by instrument in writing signed by him and served on the hirer, owner and every guarantor.
An owner, hirer or guarantor aggrieved by the decision of the Commissioner may apply to the State Administrative Tribunal for a review of the decision.
[Form 2 amended: Gazette 30 Jun 2003 p. 2604; 30 Dec 2004 p. 6922.]
Alleged offence Description of offence ______________________________________
Hire‑Purchase Act 1959 s.
Date / /20 Time a.m./p.m.
Modified penalty $
Officer issuing notice Name
Signature
Office
Date Date of notice / /20
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 — Hire‑Purchase Act 1959’) to:Approved Officer — Hire‑Purchase Act 1959Department of Consumer and Employment ProtectionLocked Bag 14 Cloisters SquarePerth WA 6850In person: Pay the cashier at:Department of Consumer and Employment Protection219 St George’s Terrace, Perth WAIf 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 _______________________________________________
and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.
[Form 3 inserted: Gazette 22 Sep 2006 p. 4117; amended: Gazette 20 Aug 2013 p. 3835; SL 2020/163 r. 34.]
Form 4
Hire‑Purchase Act 1959Withdrawal of infringement notice Withdrawal no.
Alleged offender Name: Family name
Given names
or Company name _______________________________________ ACN
Alleged offence Description of offence ______________________________________
Hire‑Purchase Act 1959 s.
Date / /20 Time a.m./p.m.
Officer withdrawing notice Name
Signature
Office
Date Date of withdrawal / /20
Withdrawal
of infringement notice*[delete
whichever
is 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 — Hire‑Purchase Act 1959Department of Consumer and Employment ProtectionLocked Bag 14 Cloisters SquarePerth WA 6850Signature / /20
[Form 4 inserted: Gazette 22 Sep 2006 p. 4117‑18.]
Schedule 2 — Prescribed offences and modified penalties
[r. 6]
[Heading inserted: Gazette 22 Sep 2006 p. 4118.]
Offences under Hire‑Purchase Act 1959
Modified penalty
s. 3
Entering into contract not containing required provisions or not complying with requirements as to form ................................................................
$1 000
[Schedule 2 inserted: Gazette 22 Sep 2006 p. 4118.]
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Notes
This is a compilation of the Hire-Purchase (General) Regulations 1975 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.
Compilation table
Citation
Published
Commencement
Hire‑Purchase (General) Regulations 1975
30 Jan 1975 p. 235‑9
30 Jan 1975
Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 14
30 Jun 2003 p. 2581‑638
1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579*)*
Reprint 1: The Hire‑Purchase (General) Regulations 1975 as at 5 Dec 2003 (includes amendments listed above)